Hassan said the palace’s Jan 3 statement does not revoke the right of citizens to assemble as enshrined under Article 10(1)(b) of the Federal Constitution.
“It is important to clarify that the supreme law in Malaysia is the Federal Constitution, not decrees or royal edicts from Istana Negara,” he said in a statement.
“This is consistent with Malaysia’s national policy, which is based on the rule of law and the supremacy of the Constitution.”
Thus, he said, the rally planned for tomorrow morning outside the Palace of Justice in Putrajaya does not constitute treason against the Yang di-Pertuan Agong.
“Not (treason) at all. Malaysia is a democratic country, not an absolute monarchy,” he said.
Hassan said although he had urged his party colleagues to shun the PAS-led rally in support of Najib, the former prime minister’s family and supporters, including those from Umno, PAS and Bersatu, have the right to gather.
The two key conditions are to assemble peacefully and without weapons, he said.
Umno, which initially planned to join the rally, pulled out last Friday to comply with Istana Negara’s statement. Its Barisan Nasional allies – MIC and MCA – have also opted out of the rally.
Umno secretary-general Asyraf Wajdi Dusuki said the party would abide by the king’s call to respect the royal prerogative on pardons and to abide by established procedures.
However, PAS said it would press on with the rally. Its deputy president, Tuan Ibrahim Tuan Man, also criticised Umno and questioned whether the party’s leaders, now “comfortably” in their ministerial positions, had abandoned their members.
Hassan urged the police to appreciate the intent and purpose of the Peaceful Assembly Act 2012, which was amended in 2019 to facilitate peaceful assemblies in line with the guarantees of the Federal Constitution.
On Friday, Inspector-General of Police Razarudin Husain urged the public not to take part in any rallies in light of the statement by Istana Negara.
Razarudin said the palace’s statement clearly directed all prisoners wishing to seek a pardon to submit their applications to the pardons board, and not through any rallies or channels that do not comply with the law.