FORMER deputy law minister Mohamed Hanipa Maidin has reminded the government not to act against yesterday’s Perikatan Nasional-led rally organisors. 

The ex-lawmaker said this was because many of the present cabinet members “graduated” from the “school of peaceful assembly”.

“As a former human rights lawyer, I used to defend some of our current ministers when the previous government, via the police and Attorney-General’s Chambers, used to arrest and charge them in court either under the now-defunct Section 27 of the Police Act or PAA (Peaceful Assembly Act).

“Even (Natural Resources, Environment and Climate Change) Minister Nik Nazmi used to challenge the validity and constitutionality of some provisions in the PAA, though I was not his lawyer,” he said in a statement.

The rally held yesterday was to protest the attorney-general’s decision to withdraw all 47 corruption charges against Zahid.

Last week, High Court judge Collin Lawrence Sequerah allowed the prosecution’s application to grant Zahid a discharge not amounting to dismissal (DNAA) on criminal breach of trust, corruption, and money laundering charges related to Yayasan Akalbudi funds. 

The prosecution said it wanted to halt proceedings so a more in-depth investigation could be done.

Hanipa added that he and Amanah president Mohamad Sabu also used to challenge the constitutionality of the PAA when it was still a bill.

“We filed a judicial review and asked the court, inter alia, to issue the declaratory relief and a writ of quo warranto (by what authority or warrant).

“It is public knowledge that I used to represent, for instance, Mohamad Sabu, in many cases involving offences of alleged illegal assembly.”

Hanipa added that it would be “disgraceful and shameful” for the government to allow the police to continue using a lack of permit as an excuse to ban a peaceful assembly.

On September 11, Deputy Inspector-General of Police Ayob Khan Mydin Pitchay reportedly warned of “stern action” against the rally’s organisers and participants, at the time stating that no “permit” applications were received.

Yesterday, city police chief Allaudeen Abdul Majid said the gathering did not follow the PAA.

“Hence, we will see what follow-up actions should be taken after this,” Allaudeen told reporters after the rally ended.

In 2019, the government enacted the PAA, which removed the necessity to obtain a police permit for a public gathering.

Instead, rally organisers only had to formally notify the police of the assembly five days in advance and gain permission from the owner of the gathering place.

Among those seen in the protest yesterday were Bersatu’s Badrul Hisham Shaharin and former Putrajaya Umno deputy chief Tun Faisal Ismail Aziz. 

The group that gathered at Masjid Jamek in Kampung Baru initially marched to the Dang Wangi police station before heading towards the Sogo shopping centre on Jalan Tuanku Abdul Rahman.

As the crowd marched, chants of “Tolak Zahid!”, “Dakwa Zahid!”, and “Reformati!” rang out.

Hanipa said Putrajaya should safeguard and protect freedom of speech and assembly as enshrined in the Federal Constitution.

“Yes, police must secure and maintain peace and public order but such an obligation, with due respect, comes to an end when any peaceful assembly by the rakyat begins.

“Otherwise, all the embedded constitutional guarantees in Article 10 of the Federal Constitution (on freedom of speech and expression) and even the existence of Suhakam would become a mockery and sham,” he added. – September 17, 2023.