Restrictions are necessary for public order, says federal counsel.
FMT
KUALA LUMPUR: The right to assemble peacefully is not an absolute right but is subject to restrictions in the interest of security of the federation or public order, the High Court heard today.
Senior federal counsel Kamal Azira Hassan, representing the government in a suit it has filed against former Bersih co-chairman S. Ambiga and 15 others, said the protection of the rights of other people was a crucial part of exercising the right to assemble.
He submitted that the restrictions were reasonably necessary and expedient for public order.
He pointed out that damage to property of other persons by an assembled crowd had the potential to explode into chaos and anarchy.
Kamal Azira said this in his submission before High Court judge John Louis O’Hara.
Kamal Azira contended that in any event, provisions under Section 6(2)(g) of the Peaceful Assembly Act (PAA) 2012 did not prohibit the freedom of movement of the organisers but merely imposed obligations on them to ensure that their assembly did not cause damage to property.
After the government concluded the submissions today, the court fixed January 30 to deliver its decision.
On May 15, 2012, the government filed the suit against Ambiga and 15 other individuals, claiming that Bersih 3.0 rally on April 28, 2012 had caused damage to public property.
In the suit, it seeks special compensation amounting to RM110,543.27 as costs to repair damaged police vehicles, other costs, interests and other relief deemed fit by the court.
It is also seeking a declaration that the defendants, as organisers of the Bersih 3.0 rally, had violated Section 6 (2)(g) of the PAA as they had the responsibility of ensuring that the gathering would not cause damage to public property.
In the statement of claim, the government also stated that the gathering around Dataran Merdeka turned unruly when participants broke through police barricades.
It said that on that day, the police were stationed around the area to ensure that rally participants did not violate the order issued by the magistrate’s court on April 26, which prohibited a gathering from being held at Dataran Merdeka and for the public not to be present there or to take part in
any protest rally between April 28 and May 1, 2012.
– BERNAMA
FMT
KUALA LUMPUR: The right to assemble peacefully is not an absolute right but is subject to restrictions in the interest of security of the federation or public order, the High Court heard today.
Senior federal counsel Kamal Azira Hassan, representing the government in a suit it has filed against former Bersih co-chairman S. Ambiga and 15 others, said the protection of the rights of other people was a crucial part of exercising the right to assemble.
He submitted that the restrictions were reasonably necessary and expedient for public order.
He pointed out that damage to property of other persons by an assembled crowd had the potential to explode into chaos and anarchy.
Kamal Azira said this in his submission before High Court judge John Louis O’Hara.
Kamal Azira contended that in any event, provisions under Section 6(2)(g) of the Peaceful Assembly Act (PAA) 2012 did not prohibit the freedom of movement of the organisers but merely imposed obligations on them to ensure that their assembly did not cause damage to property.
After the government concluded the submissions today, the court fixed January 30 to deliver its decision.
On May 15, 2012, the government filed the suit against Ambiga and 15 other individuals, claiming that Bersih 3.0 rally on April 28, 2012 had caused damage to public property.
In the suit, it seeks special compensation amounting to RM110,543.27 as costs to repair damaged police vehicles, other costs, interests and other relief deemed fit by the court.
It is also seeking a declaration that the defendants, as organisers of the Bersih 3.0 rally, had violated Section 6 (2)(g) of the PAA as they had the responsibility of ensuring that the gathering would not cause damage to public property.
In the statement of claim, the government also stated that the gathering around Dataran Merdeka turned unruly when participants broke through police barricades.
It said that on that day, the police were stationed around the area to ensure that rally participants did not violate the order issued by the magistrate’s court on April 26, which prohibited a gathering from being held at Dataran Merdeka and for the public not to be present there or to take part in
any protest rally between April 28 and May 1, 2012.
– BERNAMA
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