PKR Youth chief Nik Nazmi is seen smiling in this photo taken after he was acquitted, over rallies which he organised in 2013, by the Court of Appeal last year. Two Johor PKR leaders are questioning the police in the state for intending to use the same basis to charge those who organised a public talk on February 22. – The Malaysian Insider pic, March 3, 2015.Police investigations into several Pakatan Rakyat rallies following Datuk Seri Anwar Ibrahim's sodomy conviction, for violations under the Peaceful Assembly Act is unconstitutional, PKR said today.
It said that Section 9(5) of the 2012 law has been deemed unconstitutional in a landmark decision on April 25 last year by the Court of Appeal, which also acquitted PKR Youth chief Nik Nazmi Nik Ahmad from a charge of violating the Act.
Appellate court had then also ruled that it was wrong to declare as illegal an assembly that was already lawful, and unconstitutional to impose a restriction on the right to freedom of assembly and freedom of association.
"Until today, the decision and the judgment of the law in the Nik Nazmi case is still valid and it is law," said PKR's Johor state leadership council president Hassan Karim and Bukit Batu assemblyman Jimmy Puah in a joint statement today.
"We hope the police will refer to the Attorney-General's Chambers before declaring that an investigation would be carried out under Section 9 of the Act, which has already been declared unconstitutional."
Johor police chief Datuk Mohd Mohktar Mohd Shariff was reported as saying by Bernama last week that the cops have begun investigating the organisers of a public talk on Datuk Seri Anwar Ibrahim's sodomy conviction in Pagoh on February 22.
He said the talk, which was attended by opposition lawmakers PKR secretary-general Rafizi Ramli and Kluang MP Liew Chin Tong (DAP), was held despite not giving 10 days' notice to the police ahead of the event, as required under the Peaceful Assembly Act.
"Therefore, those who had made speeches and instigated the people during the talk will not get away with it.
"We will use our discretion and when the investigation papers are completed, we will submit them to the public prosecutor for further action," the police chief was quoted as saying.
Hassan and Puah said police should drop all investigation under Section 9 of the Act into any solidarity rallies for Anwar that have taken place, in line with the Court of Appeal decision last year.
"The police should also respect the laws and the rights of the people to assemble peacefully as enshrined in Article 10 of the Federal Constitution, including attending solidarity rallies and ceramah for Anwar," they added.
PR has organised a series of solidarity gatherings, under the #KitaLawan banner, in Kuala Lumpur and other states following Anwar's conviction on February 10, to pressure Putrajaya to free the opposition leader.
At a recent rally in the capital city, Nik Nazmi, student activist Adam Adli Abd Halim and PKR Jingga 13 movement leader Fariz Musa were detained under Section 143 of the Penal Code for the gathering of five or more persons with criminal intent.
Even as PKR Youth prepares to hold a mega rally on March 7 to seek Anwar's freedom, lawyers have warned that police may use the Penal Code instead of the Peaceful Assembly Act to take action against the organisers and protestors.
- TMI
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