No need permission to gather at Dataran Merdeka - lawyer

Summary

• Lawyer Rajesh Nagarajan says the police erred by saying anti-graft rally organisers needed to get permission before gathering at Dataran Merdeka on Jan 25.

• He argues that Dataran Merdeka is a public venue and Kuala Lumpur City Hall neither owns nor occupies it.

• Rajesh urges the police to facilitate the peaceful march instead of attempting to prevent it.

A rights lawyer had dismissed the police’s argument that the anti-graft rally organisers needed to get permission before gathering at Dataran Merdeka on Jan 25.

“The police’s statement saying that the permission of the venue owner or occupier is required is completely erroneous.

“One does not need to obtain permission to gather at Dataran Merdeka as it is a public venue and belongs to all Malaysians.

“DBKL (Kuala Lumpur City Hall) is neither the owner nor the occupier of Dataran Merdeka. Hence, the issue of obtaining consent from DBKL under Section 11 of the Peaceful Assembly Act does not arise at all,” Rajesh Nagarajan told Malaysiakini today.

“The police should facilitate the peaceful gathering instead of attempting to prevent the people’s constitutional rights from being exercised,” Rajesh (above) added.

Earlier, Dang Wangi police chief Sulizmie Affendy Sulaiman warned the public against attending the anti-graft rally in Kuala Lumpur scheduled on Jan 25.

He acknowledged receipt of the rally's organiser's notice but said it was incomplete as it lacked the consent of the venue's owners or occupants.

"Strict action will be taken in accordance with the provisions of existing laws," he said.

‘Get DBKL’s permission’

Home Minister Saifuddin Nasution Ismail also dismissed concerns from the rally's organisers regarding the police's directive to get consent from the owners of the premises where they will gather.

The minister questioned whether any public place could be considered ownerless, telling the rally's organisers that if they were familiar with requirements, there would not be any arguments for the existence of certain provisions.

“Does Dataran Merdeka have an owner? Yes, it does. So, seek permission from DBKL first.

“If it’s outside Sogo, get approval from the Sogo owner. That’s what the law requires,” Saifuddin said.

Yesterday, the rally organisers were surprised over the police directive to seek consent from premise owners.

The rally is to commence outside the Sogo shopping mall in Kuala Lumpur before proceeding to Dataran Merdeka.

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