Call for class action against Police Act
By Humayun Kabir, FMT
IPOH: A human rights lawyer has called for a class-action suit to challenge the constitutional validity of Section 27 of the Police Act, which sets conditions for the granting of permits for public rallies.“Section 27 of the Police Act has to be challenged in court as it contradicts Articles 4(1)(a) and (b) of the Constitution,” said Leong Cheok Keng, who gained prominence two years ago as counsel for former Perak menteri besar Mohammad Nizar Jamaluddin in his suit against Barisan Nasional’s takeover of the state government.
Article 4(1)(a) of the Federal Constitution provides for freedom of speech and expression and Article 4(1)(b) gives citizens the right to peaceful assembly.
Under Section 27 of the Police Act, a group intending to hold a public rally must apply for a permit 90 days before the event and the district police chief give his decision within three days.
If the application is rejected, an appeal to the chief police officer (CPO) of the state must be filed within 48 hours. The CPO’s decision is final. It cannot be challenged in court.
Leong contends that Section 27 is unconstitutional.
