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It would be no exaggeration to say that the Hindraf demonstration was an uncontrollable fracas, far worse than what transpired at the Bersih rally.

Had the police, at first instance, approved Hindraf's permit for their public assembly and on that day, closely supervised the procession marching to the British High Commission, the event would most likely have proceeded without any drama.

It would have been over, as Hindraf leader P Uthayakumar estimated, in one hour. What was intended as a peaceful procession degenerated into a six-hour running battle between the FRU and demonstrators, with each side stubbornly determined to attain their objective.

Contrast this with Umno-organised demonstrations, the most recent being their assembly at the Myanmar embassy. A permit was issued and the rally proceeded without incident. In light of that, it can only be concluded that the rejection via Section 27 of the Police Act and restraint via Section 98 of the Criminal Procedure Code as a pre-emptive measure to avoid untoward incidences is presumptuous and therefore unconstitutional as per Article 10.

Furthermore, in light of the fast-track approvals of Umno-led events, the manner in which statutes are applied to non-governmental bodies to deny them a legitimate right to peaceful assembly is also highly discriminatory.

It is therefore submitted that, in all fairness, applications for public assembly permits should be approved without hesitation and if, on the day, the police witness persons using "criminal force, or a show of criminal force, (or) committing any mischief or criminal trespass" as per Section 141 of the Penal Code, then the said permit can immediately be revoked followed by instructions for the police to take any and all necessary steps to quell further mishaps, as provided for in Section 27 of the Police Act.

Unfortunately, the manner in which the authorities applied and upheld the law resulted in a grave miscarriage of justice, as many witnesses on Sunday would freely attest to.

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