DBKL permission not needed to gather at Dataran Merdeka, says lawyer

DBKL permission not needed to gather at Dataran Merdeka, says lawyer

Rajesh Nagarajan dismisses the claim that Kuala Lumpur City Hall is the owner or occupier of the historical landmark.

In 2021, protesters had gathered at Dataran Merdeka to express their unhappiness over the government’s handling of the Covid-19 pandemic during the #KerajaanGagal protest.
PETALING JAYA:
Rally organisers do not need to obtain the permission of Kuala Lumpur City Hall (DBKL) to gather at Dataran Merdeka, says human rights lawyer Rajesh Nagarajan.

In a statement this evening, he dismissed the claim by Dang Wangi police chief Sulizmie Affendy Sulaiman that organisers of the Himpunan Rakyat Benci Rasuah rally scheduled for Jan 25 must seek permission from DBKL.

“The statement that the owner or occupier’s permission is required is completely erroneous.

“One does not need to obtain permission to gather at Dataran Merdeka as it is a public venue and belongs to all Malaysians,” he said.

Rajesh said Section 11 of the Peaceful Assembly Act 2012 was irrelevant as DBKL is neither the owner nor occupier of Dataran Merdeka, and its consent was unnecessary.

“Instead of trying very hard to prevent their (participants) rights from being exercised, police should ensure the safety and smooth conduct of such gatherings,” he said.

Earlier this evening, Sulizmie advised the public not to attend “any gathering that contravenes legal provisions”, in reference to the rally set to proceed from the Sogo department store to Dataran Merdeka.

He warned that “strict action will be taken according to the provisions of the laws in force”.

Home minister Saifuddin Nasution Ismail also rejected claims by the rally’s organisers that the condition set by the police had no legal basis.

“Public spaces do not have owners. But if it’s outside the Sogo department store, you must get approval from Sogo.

“For Dataran Merdeka, you must seek permission from Kuala Lumpur City Hall. That’s the law,” he said.

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