Vice-president George Varughese said the constitutional right to assemble peacefully was guaranteed under the Federal Constitution although some restrictions were imposed.

He said the Peaceful Assembly Act 2012 only required an organiser to notify the police who may regulate the assembly for purposes of security or public order.

“The obligation to give notification and the particulars required must not be unduly cumbersome so as to stifle the legitimate exercise of the constitutional right to assembly,” he said in a statement.

Varughese said it had been reported that the organiser had notified the police on Oct 28.

He said the police had no power to prohibit the rally since there was no licensing requirement, as previously imposed under the Police Act.

“Rather, the police must respect, protect and facilitate the exercise of the constitutionally guaranteed right to assemble.”

He said the law enforcement agency had demonstrated in the past that it could work with organisers of public assemblies.

Varughese said the Bar also expressed alarm over the statements reportedly made by Red Shirts movement leader Jamal Yunos to oppose the Bersih 5 rally.

He said prompt investigation and action must be taken as the fundamental right must never be compromised by blatant acts of gangsterism.

He said the Bar urged police to give the Red Shirts an alternative for their counter assembly to be organised at another time, date or place to avoid conflict with the participants of the Bersih 5 rally.

He said the Bar would send a team to monitor events on the ground and despatch a team of lawyers to provide legal assistance in the event of arrests.

The organisers have announced that the rally will take place in Kuala Lumpur from 10am to 6pm.

Bersih 2.0, the organisers of the rally, has urged Malaysians to turn out for #Bersih 5 in Kuala Lumpur, Kuching and Kota Kinabalu.