City police chief Comm Datuk Tajuddin Md Isa said that under Section 9 of the Peaceful Assembly Act (PAA) 2012, the organisers were supposed to give a complete notice, which included a detailed plan of the routes and venues that would be used, so the police could facilitate the rally.
Comm Tajuddin said the police respected the Court of Appeal decision in the case of PKR lawmaker Nik Nazmi Nik Ahmad where the court ruled there was no need to give the police 10 days’ notice of a gathering.“However, under the PAA, the police must be given a complete notice so we too can plan for security and traffic control.In this context, we have given them ample time, but they failed to comply.”
Deputy Home Minister Datuk Nur Jazlan Mohamed.
"Bersih 4 was not done at a gazetted site as required by the Peaceful Assembly Act (s.25) so the police are not wrong in calling the assembly illegal.”
"The Home Ministry has investigated Bersih 4 and found that it is not a registered organisation”
“We’re looking at it positively. Tourists will still come, and actually, Bersih is publicity for us.”
Bersih 2.0 is a coalition of established NGOs and civil societies, and its previous chairman, former Malaysian Bar president Datuk Ambiga Sreenevasan had said the election watchdog does not need to be registered.“From a legal standpoint, we believe that Bersih 2.0 is a coalition of established organisations, so it does not require registration under the Societies Act,” Bersih 4 is a rally, how can a rally possibly be declared an illegal organization when it is not an organization in the first place?
No rally can be declared as illegal under the Peaceful Assembly Act, Penal Code or for failure to get permission from the police or DBKL," he said.
Paulsen said the Court of Appeal's landmark decision in the case involving PKR assemblyman Nik Nazmi Nik Ahmad was the clearest possible message that every citizen could assemble peacefully as guaranteed under Article 10.
Alwi had overlooked a 2012 High Court ruling that declared the coalition a legal entity.
Police had no legal authority to stop or to declare a peaceful assembly as illegal, following the Court of Appeal ruling.
He said rally organiser Bersih 2.0 had gone beyond the requirement of the law by submitting a notice of the gathering to the police, although there was no need to do so.
The Padang Serai MP cited the Court of Appeal's decision last year in the case involving PKR youth chief Nik Nazmi Nik Ahmad, that it was not mandatory for a rally organiser to give a 10-day notice under Section 9(1) of the PAA.
"To put it another way, there is no offence committed even if no notice is submitted to police prior to the rally.The claim by the police that the rally is illegal because the organisers have not obtained permission of the owners of the premises is absurd and without any legal basis,"
He added that the police were only empowered to disperse an assembly in circumstances such as if it becomes disorderly or held near a prohibited place.While PAA's section 11 encouraged organisers to get the consent of the owners, there was no offence committed if permission was not obtained."In any event, the Bersih 4.0 organisers have said that they will only be gathering in the vicinity of Dataran Merdeka, hence there is no need for any consent.
Readers please pandai-pandai make your own conclusions.