Permits for assembly unconstitutional, says lawyer


By Boo Su-Lyn
July 01, 2011

KUALA LUMPUR, Jul 1 Malaysians have a right to march as a Police Act 1967 which mandates permits for public assemblies violates a inherent right to assemble peacefully, says PKR vice-president N. Surendran.

The tellurian rights lawyer stressed which Malaysians had a right to march in a Jul 9 Bersih rally, indicating out which Article 10(2)(b) of a sovereign constitution merely restricted which right in a interest of inhabitant security.

When you have section 27(5) (of a Police Act) which requires permits, it doesnt just shorten a right... it nullifies a right, pronounced Surendran (picture) at a seminar organized by NGO Lawyers for Liberty last night.

Any right which can only be exercised by a permission of a state is not a right; its a licence, as well as nowhere in a sovereign constitution does it contend which this important right is a licence, he added.

Surendran pronounced a right to assemble peacefully, which is upon trial under Article 10(1)b) of a sovereign constitution, could be restricted by merely requiring organisers to surprise authorities prior to their rally, as practised in England.

The Police Act is a dwarf compared to this document, pronounced Surendran, land up a copy of a sovereign constitution prior to a 50-strong audience.

Article 4 (of a sovereign constitution) says which any law which contravenes a sovereign constitution is not valid, he added.

Election watchdog Bersih 2.0 has vowed to go upon its proof upon Jul 9 in a capital for electoral reform notwithstanding a authorities refusing to accede to it a permit.

Bersih 2.0 chairman Datuk Ambiga Sreenevasan, however, asked a police yesterday to suggest a route for its march to ensure which a convene goes off but a hitch.

The group will take to a ! streets ! of Kuala Lumpur upon Jul 9 to hand a memorandum to a Yang di-Pertuan Agong to demand giveaway as well as satisfactory elections.

The government, however, insists which elections are already giveaway as well as fair, citing a oppositions ancestral gains in Election 2008.

Pakatan Rakyat (PR) hopes a proof will generate momentum forward of a ubiquitous choosing approaching inside of a year.

The first Bersih convene in 2007 saw up to 50,000 people march in a capital prior to being dispersed by police armed with tear gas as well as H2O cannons.

The proof has been partly credited for PRs jot down gains in a 2008 ubiquitous choosing when a antithesis pact swept to power in five states as well as won 82 parliamentary seats.


Courtesy of Bonology.com Politically Incorrect Buzz & Buzz



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