Senior cop ignorant about the law when she issued warning against gatherings, say lawyers
Civil rights lawyers have lambasted police for issuing a veiled threat that action will be taken against anyone for gathering in public places in protest of a Muslim preacher who insulted the Hindu religion.
They said assistant chief of the Inspector-General of Police Secretariat (Corporate Communications) ACP Datin Asmawati Ahmad had clearly displayed ignorance of the law when she issued such a statement yesterday.
The lawyers said the Court of Appeal had on April 25 ruled that peaceful assembly was legal and organisers need not give a 10-day notice to the police.
Yesterday, Asmawati warned the MIC Youth and several other non-governmental organisations (NGOs) in Kuala Lumpur after they gathered in Brickfields in a show of protest against the Muslim preacher.
She said police had not received any notice for the assembly and warned that action could be taken against the organisers of the gathering under the Peaceful Assembly Act (PAA) 2012.
Asmawati further advised those unhappy with the issue to lodge a police report and not to resort to using social media to insult or condemn the individual or to do anything unlawful.
More than 400 reports have been lodged against Ustaz Shahul Hamid Seeni Mohd who had his statement recorded by police in Penang earlier today.
Lawyers for Liberty executive director Eric Paulsen said he was shocked and appalled by the remark made by a senior officer like Asmawati.
He said the police should know that after the Court of Appeal’s landmark ruling in the Nik Nazmi Nik Ahmad vs Public Prosecutor case, Section 9(5) of the PAA that penalises organisers of peaceful assemblies with a fine of up to RM10,000 for their failure to provide the 10 days’ notice was no longer good law as it had been declared unconstitutional.
"Asmawati cannot feign ignorance as she had received Nik Nazmi’s judgment on behalf of the IGP when it was forwarded by lawyers and activists on the eve of the May Day/anti-GST protest," he said.
Paulsen said the police must be reminded that the court's decision in Nik Nazmi’s case was historic and the most important judgement on fundamental rights since Merdeka.
"It has sent the clearest possible message that every Malaysian citizen can assemble peacefully and any attempt to criminalise in whatever manner or form is unconstitutional," he said.
He said police could not be selective in enforcing or ignoring court decisions they disagreed with as this could only lead to further lawlessness in the enforcement agency and a breakdown in public confidence.
Paulsen said until and unless the Federal Court reversed the Court of Appeal decision, it remained a good decision.
Lawyer New Sin Yew said public spirited citizens who wanted to express their feelings could gather even without giving notice in this case.
"The issue would have been overtaken by time if a gathering was held after issuing notice to the police," said New, a steering committee member of Bersih 2.0 which had organised mammoth rallies in pursuit of a free and fair election in 2011 and 2012.
The Muslim preacher, Ustaz Shahul Hamid Seeni Mohd, had allegedly insulted Indians and Hindus in a ceramah four years ago when he told his audience not to buy curry powder from "Hindu companies" such as Alagappa's and Baba's.
He had also made fun of the statue of a Hindu deity at the premises of an Alagappa's factory in Bukit Mertajam.
Today, however, Shahul apologised to Indians and Hindus, saying he had never meant to insult them. – July 31, 2014.
