Following the police warning to Bersih not to incite people to allegedly topple the government, the NGO has countered that the police themselves would be acting 'in detriment to parliamentary democracy’ if it cracks down on the Bersih 4 rally come Aug 29.

This is because of the ‘peaceful and unimposing’ nature of the rally and that the holding of peaceful assemblies was a right guaranteed under Article 10(1)(b) of the federal constitution.

“As the police are duty-bound to defend our political system, a constitutional crisis would be triggered if the police are involved in ‘activity detrimental to parliamentary democracy’.

“Bersih 2.0 therefore sincerely urges the inspector-general of police (Khalid Abu Bakar) to carefully study the constitution and law before making any statement that may shatter public confidence in the police’s impartiality and professionalism,” the Bersih steering committee said in a statement today.

Yesterday, Khalid told reporters that Bersih had deviated from its original cause of striving for free and fair elections and was now allegedly trying to topple the government illegally.

“If they (Bersih) are not careful (with their words), then we will take action. We are monitoring the developments every minute and second […]

“We never prohibit any activity based on freedom of expression or speech but it must be done in accordance with the law.

“If you incite the people to take to the streets with the aim of toppling the government, we will not tolerate that,” The Star quoted him as saying.

The report made no mention of Section 124B of the Penal Code but a number of activists have been investigated under the law in recent weeks including those calling for Prime Minister Najib Abdul Razak’s arrest.

The law criminalises ‘activities detrimental to parliamentary democracy’ an offence which carries a penalty of up to 20 years imprisonment upon conviction.

Calling on Najib's resignation

The electoral reform coalition is organsing the 34-hour mammoth rally on Aug 29 and 30 in wake of public uproar over the 1MDB scandal and RM2.6 billion political donation to in Najib's personal bank accounts.

Bersih has urged Najib to go on leave pending investigations into the alleged RM2.6 billion ‘political funding’.

The coalition gave the premier one month to respond to its demands but lamented that Najib had not only no intention to allow a probe to be carried out independently but that he even obstructed the investigations.

The police had apparently allowed Bersih 4 - a rally endorsed by 90 NGOs - on the condition that it did not advocate 'overthrowing the government'.

But they later reportedly refused to acknowledge a notice submitted by Bersih for its planned overnight rally.

In its statement today, Bersih said it was only calling for Najib’s resignation and for Parliament to pass a no-confidence vote against him if he refuses.

“Bersih 2.0 fully acknowledges the right of Najib and the Parliament to reject such a call after listening to the people’s appeal. No one should forcibly remove Najib if he still enjoys Parliament’s confidence.

“As a matter of fact, Najib can table a motion of confidence to be passed by Parliament to show his defiance. The public will then have to reserve their judgement until the 14th general election is called.

“Given the peaceful and unimposing nature of Bersih 4, any crackdown by the police is not only a violation of Article 10(1)(b) of the Federal Constitution which guarantees citizens’ ‘right to assemble peaceably and without arms’, but will be a deliberate offence under Section 124B of the Penal Code,” it said.

No job security

It pointed out that under a parliamentary democracy like Malaysia’s, the prime minister enjoys no job security and can remain in his post only as long as enjoys the confidence of the majority of the MPs.

This is in contrast to a presidential democracy where a president would have the security of serving a full term lest he is impeached for a serious crime or misconduct.

“The IGP should be mindful that Section 124B, ‘activity detrimental to parliamentary democracy’ is specific about parliamentary democracy and not presidential democracy or democracy in general,” it said.

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