Suara Rakyat Malaysia (Suaram) executive director Azura Nasron said it was of great concern that Saifuddin believes the Federal Court decision to strike down Section 9(5) of the Peaceful Assembly Act (PAA) 2012 had weakened police capacity to manage assemblies.
“The constitutional right to assemble cannot – and should not – be made contingent on police convenience.
“Saifuddin’s claim misconstrues the court’s decision and overstates the operational impact. Police forces are expected to plan adaptively, respond proportionately, and rely on discretion and intelligence – not blanket deployments,” she said in a statement today.
On July 1, the apex court struck down the PAA provision criminalising the failure to give police 10 days’ notice before holding an assembly, saying it contravened the constitutional right to peaceful assembly.
Yesterday, Saifuddin said while the government respected and would uphold the court’s decision, the ruling limited the ability of the police to plan and ensure the smooth running of assemblies.
He said prior notice helps the police plan effectively, including knowing the time, location, estimated crowd size and number of personnel required.
“This isn’t about restricting anyone’s rights. It’s about facilitating assemblies. Without advance notice, the police are forced to mobilise all available resources just to prepare for unknown scenarios,” he said.
However, Azura rejected Saifuddin’s defence of legally required prior notice, saying the “absence of criminal penalties for non-notification does not eliminate the possibility of prior notice altogether”.
“Suggesting otherwise implies a false choice between facilitation and chaos, and undermines public confidence in the police’s ability to facilitate assemblies efficiently while upholding constitutional freedoms,” she said.
Azura also panned Saifuddin’s statement that organisers were still required to obtain permission from venue owners under Section 11 of the PAA, saying it contradicted Prime Minister Anwar Ibrahim’s announcement in February of a moratorium related to the section.
“The government must urgently clarify its position on the enforcement of Section 11, as continued ambiguity risks misleading organisers and deterring legitimate assemblies,” she said.