LFL: No legal basis for police probe on 'Save Malaysia' rally

Lawyers for Liberty (LFL) claimed that the police investigation into last weekend’s ‘Save Malaysia’ rally is unlawful.

LFL director Zaid Malek said the section of the Peaceful Assembly Act 2012 (PAA) - which the police are investigating under - had already been struck down by the courts in 2014.

The provision in question is Section 9(5) which states that failure to give notice of an assembly would make one liable to a fine not exceeding RM10,000.

“The ongoing investigations for the alleged failure to give proper notice of the assembly is without any legal basis.

“Such an investigation would be for an offence under Section 9(5) of the PAA, which states that failure to give notice would make one liable to a fine not exceeding RM10,000,” he said in a statement.

Zaid added that all investigations under the section, therefore, must be halted.

Section 9(5) of the PAA was ruled unconstitutional by the Court of Appeal in the case of Nik Nazmi bin Nik Ahmad v Public Prosecutor in 2014.

Zaid argued that this decision still stands today as it had not been overturned by a higher court.

“In 2015, another court of appeal bench in PP v Yuneswaran gave an opinion that section 9(5) is constitutional and disagreed with the Nik Nazmi's decision.

“However, the 2015 court could not overrule the earlier decision as both courts are of the same level. Only the Federal Court, which is a higher court, could have overruled the Nik Nazmi decision.

“This has never happened and the decision remains valid and enforceable until now,” he said.

Called for questioning

The police will question 25 demonstrators who took part in Perikatan Nasional's rally on Sept 16.

Deputy Inspector-General of Police Ayob Khan Mydin Pitchay said five of the individuals will be questioned today, whereas the others will be questioned at a later date.

Ayob added that the demonstration did not comply with the PAA for lack of notice and also for being held at a mosque - a prohibited place for rallies under the law.

He said police were also investigating organisers over the presence of children at the rally - which is also prohibited under the act.

The PN rally on Saturday was in protest against the government over a decision by prosecutors to withdraw corruption charges against Deputy Prime Minister Ahmad Zahid Hamidi.

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