'Not treason' - PKR MP defends Najib's supporters' right to assemble

Summary

• Pasir Gudang MP Hassan Abdul Karim affirms that Najib Abdul Razak’s supporters have a constitutional right to assemble peacefully, as guaranteed under Article 10(1)(b) of the Federal Constitution.

• Hassan praises the enactment of the Peaceful Assembly Act 2012 during the ex-PM’s administration, which replaced the restrictive Police Act 1967.

• The police reject Umno’s application for the rally and confirm they had not received an application from PAS, which indicated plans to proceed with the event despite the rally’s official cancellation.

The planned solidarity rally for Najib Abdul Razak, initially scheduled for tomorrow, remains a hot topic despite Umno cancelling its participation.

Pasir Gudang MP Hassan Abdul Karim has expressed his disagreement with the rally. However, he said the former prime minister’s family and supporters’ rights to assemble must be upheld.

The PKR lawmaker, who is also a lawyer, asserted that Najib’s supporters have the constitutional right to assemble in front of the Court of Appeal, and such a rally should not be considered treason against the Yang di-Pertuan Agong.

“The right to rally is guaranteed under Article 10(1)(b) of the Federal Constitution, which explicitly states that all citizens have the right to assemble peacefully and without arms,” he explained in a statement.

“Are those gathering tomorrow in front of the Court of Appeal considered to be committing treason against the Agong?

“The answer is no. Absolutely not. Malaysia is a democratic country, not an absolute feudal state,” Hassan (above) said.

Umno no go, PAS to proceed

Last Friday, Umno secretary-general Asyraf Wajdi Dusuki announced the party’s decision to cancel the rally to support Najib, who is set to attend a court hearing regarding a royal addendum that could allow him to serve the remainder of his prison sentence at home.

The cancellation followed a statement from Istana Negara on Agong’s pardon prerogative and a warning from the inspector-general of police not to hold the rally.

Despite this, PAS said it would proceed with the event.

Yesterday, the police said they had rejected Umno’s application to hold the rally under the Peaceful Assembly Act 2012.

“The police did receive an application from the organiser on Dec 3.

“Upon checking, we found the application incomplete and had rejected it. Organisers were informed of it on Jan 3,” Putrajaya district police chief Aidi Sham Mohamed told Malaysiakini.

When questioned about PAS’ plans to proceed with the rally, Aidi stated that the police had not yet received any application from the party.

Hassan clarified that the palace’s statement, dated Jan 3, merely reiterated and emphasised what had been outlined by the Attorney-General’s Chambers on Dec 28, 2024.

“It clearly affirmed that the Agong possesses the prerogative powers to grant pardons, reprieves, and respites for offences within the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, as provided under Articles 42(1) and (2) of the Federal Constitution,” he said.

Hassan noted that the statement from the palace does not revoke the public’s right to assemble, as outlined in Article 10(1)(b).

“It must be clarified that the highest law in Malaysia is the Federal Constitution, not decrees or proclamations from the palace. This aligns with Malaysia’s foundation as a country governed by the rule of law and constitutional supremacy.

“Additionally, Malaysia’s system of parliamentary democracy and constitutional monarchy ensures a harmonious and balanced relationship between the power of the people and the monarchy,” he added.

Assembly must be peaceful

Hassan further commended Najib’s administration for enacting the Peaceful Assembly Act 2012, which provided greater freedom for citizens to assemble peacefully by replacing the restrictive Police Act 1967.

“The enactment of the Peaceful Assembly Act 2012 was a positive, bold, and progressive effort initiated by Najib,” he said.

He also highlighted amendments to the Act introduced by the Pakatan Harapan administration in 2019, led by then premier Dr Mahathir Mohamad.

“One notable improvement was the reduction of the notice period to inform the police from 10 days to only five days before an assembly,” he said.

While Hassan reiterated his opposition to tomorrow’s planned rally, he emphasised that his stance cannot override the rights of Najib’s supporters to assemble.

“The two main conditions are that the assembly must be peaceful and without arms.

“The police should embrace the spirit of the Peaceful Assembly Act 2012 and understand the intention and purpose of Parliament in 2012 during Najib’s administration when the Act was enacted to facilitate public assemblies in line with the guarantees of the Federal Constitution,” he added.

Najib rally: Respect, not exploit Umno's decision, PKR rep tells PAS

Pressing ahead with Jan 6 demo is 'politics without morality': Umno veep

Rally cancellation: Umno's afraid of DAP, says PAS

'Real Umno will show up for Najib, UmDAP type won't'

Thousands expected to gather in solidarity with Najib