He was referring to criticisms from many quarters, including opposition political parties, NGOs and lawyers that the police had also acted beyond their powers under the law in preventing the debate from taking place in a private venue.
“The police are merely excercising its powers vested under Section 3(3) of the Police Act 1967, which forms the pillar of policing in accordance with the Federal Constitution.
“Section 20(3) of the same act, states the police have discretionary powers to carry out such duties, in the interest of the public,” Khalid said in a statement released today.
Defending the decision by Shah Alam police last Friday to cancel the permit for the debate between the former prime minister and the tourism and culture minister, the IGP said it was made after taking into consideration that if the event is allowed to take place, it will inevitably create public disorder, due to the presence of certain security concerns.
The Mahathir-Nazri debate was scheduled to take place from 9pm, this Friday at the Karangkraf Complex building in Shah Alam.
Karangkraf, the publisher of Sinar Harian, are the organisers and had agreed to host the debate after the originally scheduled debate in Nazri’s parliamentary constituency of Padang Rengas was called off last month due to police intervention as well.
Khalid also chided those who had said the police were abusing its powers, saying it had helped facilitate numerous other debates in the past.
“When discretion means denial, it must be understood that the police are exercising their authority and judgement, based on evidence of a potential threat to the safety and welfare of the public.
“As such, to say that the police have indirectly obstructed freedom of speech is irrational,” he said.
“It is settled jurisprudence in public law that rights of one set of citizens cannot overide rights of another,” Khalid added citing an extract from the judgment in a Court of Appeal decision in 2015 that ruled in favour of the government against Johor PKR executive secretary R Yuneswaran, in relation to a case on the right to assemble and the constitutionality of the Peaceful Assembly Act 2012.
Aside from the opposition parties, NGOs and other social activists, Nazri has also criticised the decision not to issue a permit for the debate to go on.
Speaking upon his return from India, where he accompanied Prime Minister Najib Razak on an official visit, Nazri said he was deeply shocked at the denial by police for the event to proceed.
He also brushed aside suggestions that Najib was behind the police decision, saying the prime minister had recently thanked him for wanting to defend him against Mahathir’s attacks.
Nazri also suggested that the police take over as organiser for the debate and hold it at the Cheras police headquarters if it was indeed such a threat to security.
“I am told that the auditorium at the Cheras police headquarters is very big. Maybe we can hold the debate there and the police can be the organiser.”