Press Statement
Police warning to public against joining anti-graft rally on January 25 is an act of intimidation and is contrary to PAA 2012
22 January 2025
We refer to the media statement released by PDRM yesterday urging the people to not participate in the upcoming anti-graft rally that will be held this Saturday.
The police have no power to declare an assembly unlawful; the Peaceful Assembly Act 2012 (“PAA”) only requires a notice be given and this duty is only imposed to the organisers. Even if there is non-compliance with regards to the notice, this does not affect the right of anyone who would want to peacefully assemble.
In any event, the PAA was fully complied with by the Secretariat. Permission from owner or occupier of premises does not arise as the rally will be held in public places. Dataran Merdeka and the road in front of Sogo would fall under the definition of “public place” under Section 3 of the PAA. PDRM and Home Minister both are deliberately ignoring the provisions of PAA.
The lack of cooperation by the police is clear from the fact that they have refused to respond to the Secretariat’s written request for a meeting to discuss matters arising from the planned rally. It shows their intention to hinder the rally from taking place.
This tactic of imposing unlawful and unnecessary requirements is a tactic we have seen before under the old BN government; and it is sickening that it continues under the unity government led by PH. During Bersih 4, PH leaders had condemned this same demand by police to obtain permission to enter Dataran Merdeka. It is thus sheer hypocrisy for Saifuddin Nasution & the Madani government to insist we now get permission to march to Dataran.
The statement by Home Minister Saifuddin today that if you wish to gather in front of Sogo, then you must obtain the permission of the Sogo KL owners is the most ignorant and reckless statement by a Home Minister in recent times. It defies both logic and law. Following this absurd logic, no public gathering can take place in Malaysia so long as surrounding building owners object to it.
Why is the government so afraid of anti-corruption rally when they have made a boast of fighting corruption?
Instead of placing obstacles & resorting to intimidation of the public who wish to gather, the police should drop their unlawful conditions that permission be obtained and the government should ensure that the anti-graft rally goes on as scheduled without interference.
Issued by:
ZAID MALEK
Legal Advisor
Sekretariat Rakyat Benci Rasuah
Director
Lawyers for Liberty