In a statement, LFL director Zaid Malek said he found the crackdown appalling because Safiuddin Nasution Ismail, the home minister who oversees the police, is from PH.
“PH rode into power on the back of many successful Bersih mass rallies. PH leaders also marched side by side with Bersih in the streets, when the then Barisan Nasional government had also declared the Bersih rallies illegal.
“Now in power, the PH-led government is doing the exact same thing. This is Judas-like behaviour by the PH coalition,” he said.
Bersih had held protests since 2007 to shine a light on alleged electoral malpractices and to push for fair elections. It also held rallies in 2015 and 2016 over the 1MDB scandal.
The iconic Bersih 2.0 rally in 2011 saw an estimated 50,000 people gather in downtown Kuala Lumpur with more than 1,000 reportedly arrested.
Yesterday, Kuala Lumpur police chief Allaudeen Abdul Majid said no notice had been filed to inform the authorities about the demonstration, as per the Peaceful Assembly Act (PAA).
He also cautioned the public against participating in Bersih’s march, which aims to pressure the government into carrying out political reforms.
Bersih previously said it would not hesitate to organise street protests again if the government does not commit to its institutional and political reform agenda.
In his statement, Zaid also criticised Allaudeen’s lack of understanding over the PAA and the Federal Constitution, saying that his claim of unlawfulness demonstrates this ignorance.
He cited a landmark decision by Court of Appeal in 2014 that ruled Section 9(5) of the PAA as null and void.
This ruling stemmed from a case brought by the then Seri Setia assemblyman Nik Nazmi Nik Ahmad, who argued that the PAA infringed upon the constitutionally guaranteed freedom of assembly.
Nik Nazmi, currently a PH leader, was charged under Section 9(1) of the PAA on May 17, 2013 for failing to notify police 10 days prior to the Blackout 505 rally at the Kelana Jaya Stadium on May 8.
LFL lawyer N Surendran was among the legal representatives for Nik Nazmi.
“The decision of the Court of Appeal in this case still stands and has not been overturned by a higher court,” Zaid said.
He also said failure to give notice does not render the rally itself unlawful, as the concept of illegal assembly no longer exists under the current PAA provisions.
“Hence, there is no basis for the police chief to warn the public from attending the rally,” he added.
As such, Zaid urged the police to retract their “threat” against those attending the rally and called upon the government to cease enforcement of Section 9(5) of the PAA in line with the Court of Appeal’s 2014 decision.