by Loh Meng Kow
According to Star, PM AAB commenting on the arrest of eight people, including four lawyers, for taking part in an illegal march here yesterday, and said: Lawyers are not above the law.
Federal Constitution: Section 10. Freedom of speech, assembly and association has four clauses. It reads (1) Subject to Clauses (2), (3), and (4)-
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.
Section 4. Supreme law of the Federation reads (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Section 27 of the police Act 1967, and section 141 of the penal code deal with assembly, and they can only provide guidelines on how assembly should be conducted. They cannot go against Section 10 (1) in making assembly illegal since that would be inconsistent with the Constitution and therefore be void.
Just like clause (1) of Section 10 is subject to the restrictions imposed by clauses, 2, 3, and 4, the police could impose reasonable condition so that peaceably assembly without arms could be undertaken.
The police are to maintain peace and order, and the excuse that the assembly could inconvenience the public could not be used to prevent assembly. Instead it is the duty of the police to make arrangements so that the assembly could be carried out with the least disruption to the public.
It is in that spirit of allowing the police department to make preparations to ensure peaceably assembly and without arms that the Police Act 1967 provides Section 27 to deal with public assembly.
The topics and the contents of the assembly are not the responsibility of the police, and the persons responsible for requesting police permit are liable to observe the laws, and face prosecution accordingly where applicable.
The Police should not refuse permit for peaceably assembly, though it might have the authority to withdraw the permit when organizers fail to follow specific conditions for the assembly. It should be the authority of the Police Department to act based objectively on implementing Section 27 of the Police Act 1967.
PM AAB has declared all peaceable assemblies illegal. Is PM AAB above the law?