The police must act impartially and in an even-handed manner in upholding the law and should initiate actions against Prime Minister Dr Mahathir Mohamad for the illegal assembly at Putrajaya yesterday, DAP chairman Lim Kit Siang said today.

Lim said in a statement to malaysiakini that even if the demonstration was peaceful and non-violent, it was still an illegal one as "it did not have a police permit".

He said the actions were necessary to allay doubts if the police have "one law for the Barisan Nasional leaders and a different one for the Barisan Alternatif".

"Mahathir's illegal assembly, though peaceful and non-violent, should be a new reminder of the need for the authorities to give full recognition and respect to the fundamental right of peaceful assembly," he said.

He added that while he did not expect the police to arrest and charge Mahathir for committing the offence of illegal assembly, the special consideration accorded to the prime minister must be extended to all Malaysians.

Meanwhile, Parti Reformasi Insan Malaysia (Prim) protem secretary-general P Uthayakumar said it was apparent that the police was practising double standards in allowing a public assembly at Putrajaya.

"If the crowd at Putrajaya yesterday had no police approval to gather peacefully, then we too should have been allowed to gather to show our support to jailed deputy prime minister Anwar Ibrahim," he said.

Prim had sought a police permit to hold a candle-light vigil opposite the Federal Court in support of Anwar but was rejected on "security" reasons despite the undertaking given by Prim that the gathering will be peaceful ([#1] Police reject application for candle-light vigil [/#], Aug 10).

"Even if we were to gather without police permit in a peaceful gathering, action will be taken against us by the police," he said.

He cited an example that when Prim organised a peaceful candle-light gathering to show its concern when Anwar was admitted at the Universiti Hospital for an arsenic level check-up last year, the police "chased us away without any warning or order to disperse and confiscated our candles".

He said the right to gather peacefully was provided by the Federal Constitution and that if the government has no respect for that, it should just amend the Constitution to remove the basic fundamental right.

A group of about 500 from 13 Malay organisations gathered at Putrajaya yesterday to submit a memorandum criticising National Economic Consultative Council (II) deputy chairman David Chua for his alleged comments in the Aug 10 Far Eastern Economic Review magazine that the special Malay rights should be abolished.

The prime minister then addressed the crowd, stating that the government will protect the Malays' special rights and privileges.

It was this gathering that Lim claimed to be an "illegal" one despite the fact that it was "peaceful and without violence" as the prime minister said.