Lawyers, police, at odds over Bersih 4 legality
(TMI) – City police were “twisting” DBKL’s order and taking it to mean that the whole rally was not allowed, when DBKL had only said the gathering could not enter the field.
Police are not allowing the Bersih 4 rally to proceed but constitutional lawyers say participants will not be flouting any laws as long as they assemble peacefully and avoid causing serious public disorder.
The Federal Constitution and the Peaceful Assembly Act 2012 gives the public the right to congregate and demonstrate their feelings and opinions in an orderly manner, and enforcement agencies were also obliged to abide by the law, they said.
Lawyers for Liberty executive director Eric Paulsen said any citizen could assemble peacefully at any time of the day.
“But make sure you don’t get involved in any violent act and destroy public property,” he said, adding that police and City Hall (DBKL) enforcement officers were legally bound to facilitate the public gathering, scheduled for August 29 to 30, around Dataran Merdeka in the capital city.
Another lawyer, Syahredzan Johan, said there was no restriction on the maximum numbers to congregate in small groups as previously stated in the Police Act.
“Neither was it an offence to wear yellow attire, including Bersih T-shirts, to express themselves.
“One is also acting perfectly within the law for carrying a placard provided the message is not seditious, vulgar or provocative,” Syahredzan said, adding that yellow umbrellas were also permissible.
