'Mega Palestine rally': Cops deny issuing permit, get schooled again

For the second time this week, activists have schooled the police on the issue of permits to hold assemblies.

The latest lesson came from PSM deputy chairperson S Arutchelvan in response to Wangsa Maju district police chief Ashari Abu Samah denying approving or issuing a permit for the “Mega Rally for Palestine” scheduled to take place in Kuala Lumpur over the weekend.

Bernama had quoted Ashari as stating that as of yesterday, the organisers had yet to submit any notification or application.

He said Wangsa Maju police held a meeting with the organisers on Feb 22 and advised them to submit a permit.

Ashari also advised the public not to gather or hold any assemblies without permission and warned of strict action against those who fail to comply with regulations or violate the law.

However, Arutchelvan pointed out that permits are something of the past and described the district police chief as suffering from “cognitive immobility”.

“Previously under Section 27 of the Police Act 1967, police will have to grant permits for any public assembly, failing which it will be deemed unlawful.

“But this has been repealed after the introduction of the Peaceful Assembly Act 2013 (PAA),” he told Malaysiakini.

Arutchelvan said while the PAA required organisers to submit notices, there are two Court of Appeal decisions which contradict each other.

“Previously in 2014, the appellate court ruled Section 9(5) of the Peaceful Assembly Act in notifying the police as unconstitutional. But another decision in October 2015 ruled it as compulsory.

“There is no Federal Court decision to settle the score so activists have always maintained that under Article 10 of the Federal Constitution, the freedom to assemble is guaranteed,” he added.

No basis to warn public

The “Mega Rally For Palestine” would see demonstrators march 5km, starting near the US Embassy to Padang Merbok near Parliament.

The organiser, Palestine Solidarity Secretariat, plans to make stops at KLCC, the Renaissance Hotel, Maju Junction, and Jalan Raja Laut.

On Monday, Lawyers for Liberty (LFL) chided the police over its stand regarding yesterday’s march to Parliament by the electoral reform group Bersih.

LFL director Zaid Malek said the police’s statement that the assembly violated the law revealed their ignorance of the provisions of the PAA and the Federal Constitution.

He said the failure to provide notice did not constitute a violation of the law.

“The concept of an unlawful assembly only exists under the repealed provisions regarding public assemblies in the Police Act 1967. Violation of any provision of PAA does not make any assembly illegal.

“Therefore, there is no basis for the city police to warn the public against attending the assembly,” he added.

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