Monash University Malaysia said its email warning students of disciplinary action if they are found attending "illegal gatherings" was only a reminder to them to adhere to laws.

It also apologised for the "wording" of the email, which came days before Saturday's Bersih 5 rally.

"Monash University provides an unreserved apology for the wording of the recently issued communication to Monash University Malaysia students regarding illegal gatherings.

"The communication did not properly convey the intent of the message.

"The intent of the message was to remind students that taking part in an unlawful assembly is contrary to the laws of Malaysia, and students need to be aware of the consequences of undertaking unlawful activities," it said in a statement.

Malaysiakini reported yesterday that Monash University Malaysia registrar Susheela Nair, in an email to students, said those found taking part in or are arrested at an "illegal gathering" may face disciplinary action from the university.

Susheela did not name the gathering, but made reference to "recent" events.

The Monash University Student Association (Musa) in a statement today said it sees the email as a "threat" and would raise the matter with Susheela and the relevant university authorities.

"Monash University Malaysia is a private institution. Hence, the imposing of a 'disciplinary action' towards students is perceived as a 'threat' by many, and deemed inappropriate and beyond the jurisdiction of the university.

"Musa will, to our best attempts, ensure that no form of injustice or oppression is brought upon any students of this university," Musa president Shahandyka Ozal said.

A Malaysian branch of another Australian university, Curtin University Sarawak, also issued a similar missive to its students and staff members.

In its later statement, Monash also urged students to "carefully consider their participation in such events". It added that it encourages respect of local laws as it "cares for the wellbeing of all of (its) students".

On Tuesday, Universiti Kebangsaan Malaysia suspended student activist Asheeq Ali (photo) for his involvement in the anti-Prime Minister Najib Abdul Razak 'Tangkap MO1' rally in Kuala Lumpur last August.

The Peaceful Assembly Act does away with the need for police permits, but requires organisers to notify authorities 10 days ahead and obtain permission from venue owners.

The right to peaceful assembly is protected under Article 10 of the Federal Constitution.

Intimidators are not protected

However, the National Human Rights Commission (Suhakam) said those holding counter-rallies to intimidate others from peacefully gathering are not protected under Article 10.

This comes after the anti-Bersih red-shirts group said it will hold counter-rallies to confront Bersih on the same day.

Bersih plans to hold its rallies in Kuala Lumpur, Kuching and Kota Kinabalu this Saturday.

It is demanding clean elections, clean government, the right to dissent, strengthening of Parliament and empowerment of Sabah and Sarawak.

Meanwhile, Penang Deputy Chief Minister II P Ramasamy said while reminders and warnings from public universities directly controlled by the ruling government are common, it was surprising that these two private institutions were also threatening action against students who might participate in 'illegal' rallies.

"While it is understandable that foreign students should not be involved, local students who are paying full fees should not be prevented from participating in Bersih 5.

"Both Monash and Curtin are leading private universities in Malaysia. Taking part in an agitation, protest and demonstration done in a peaceful manner should be allowed," Ramasamy said in a statement.

He argued that the Bersih 5 gathering is about improving the political system, the practice of democracy, accountability and justice and students should not be deterred from attending it.

"It is a terrible shame if these private universities are now functioning at the behest of the Malaysian government.

"If this is the way these universities are behaving and intimidating students, Malaysians should think twice on sending their children there.

"Sadly, they take money from the students but end up intimidating them. What a way to pursue knowledge," Ramasamy added.