| You need the permit Posted: 04 Sep 2013 11:00 AM PDT Laws are meant to be broken but those who break it have to face the consequences. When you challenge the law, especially the one that maintains public order, it means you oppose a one way street. In this multiracial country, its founding fathers did not simply formulate certain laws to oppress anybody. Their main objective was to keep the house clear of trouble. PUTRAJAYA: The Court of Appeal here on Wednesday ruled that provisions in the Police Act 1967 which state that the public is required to obtain a permit for public assemblies, was constitutional.
The said sections, Section 27 (2) and Section 27 (5) of the Police Act 1967, were, however, repealed last year and the law concerning public assemblies now come under the Peaceful Assembly Act 2012.
The Appeals Court also found that the matter was not rendered academic though the Police Act had been repealed, as it was matter of public law and of public interest.
"Central to the arguments raised in favour of freedom of assembly are security concerns which do not destroy the rights accorded to the citizen under Article 10 of the Federal Constitution," said Justice Mohamed Apandi in his 50-page judgement.
The Appeals Court made the majority decision in dismissing an appeal by five former students arrested in an unlawful assembly in 2001, affirming a ruling that obtaining police permits for public assemblies was a reasonable condition.
The panel, lead by Justice Mohamad Apandi Ali dismissed the appeal with a two-thirds majority, ruling that the appeal had no merit.
Justices Mohamad Apandi and Linton Albert found that the Police Act 1967 was not unconstitutional as its restrictions did not prohibit the right to peaceful assembly.
"Such terms to regulate is within the law, as it is for the larger interest of protecting and maintaining law and order for the public interest," said Justice Mohd Apandi.
Justice Hamid Sultan Abu Backer, in his dissenting judgement, found the requirement to obtain a police permit unreasonable.
"They can only place terms to regulate the assembly and licence has to be issued to all without any form of subjective discrimination failing which it will violate article 8(1) of the Constitution," he said in his 77-page judgement.
The five applicants, then students with various universities are Nik Noorhafizi Nik Ibrahim, 33, Zuklefle Idris, 33, Ahmad Kamal Abdul Hamid, 32, Rafzan Ramli, 36, and Khairul Amal Mahmud, 28.
They were accused with two others of taking part in an illegal assembly in front of the National Mosque in Jalan Perdana, Kuala Lumpur on June 8, 2001.
Outside the court, Bon said the outcome was disappointing but there was consolation because Justice Hamid Sultan had provided a strong dissenting judgment, adding that hopefully, constitutional lawyers could pursue the issue before the Federal Court in future cases. They were just students then, who thought they were above the law. They tried to become heroes 'of the future', wanting to chart a totally free and liberal country, not realising what absolute freedom means. Where are they now? Successful in their studies?  |
| WHAT THE....!!! Posted: 04 Sep 2013 12:46 AM PDT Fellow bloggers Rocky's Bru carries the story Hot stuff and PEMANDU drives bloggers nuts.The Unspinners too Pegawai PEMANDU yang terlanjur.Outsyed The Box with Advisors to the Prime Minister of Malaysia.Who else are with Pemandu and what do they 'pandu' (lead) or 'steer'? PM Datuk Seri Najib doesn't know about it, huh? Or he simply ignores it. The Benchmark has been feeding us with numerous 'inside stories' on Pemandu and other public agencies. No action and not even a single reaction from PM's so-called advisers. Its latest posting is something that took to my nerves: I agree wholeheartedly with the assessment of this organisation. It is infested with PR/BERSIH supporters and has become an opposition Trojan Horse right in the heart of the PM's dept.
Scores of Pemandu senior staffers are totally unqualified to justify their HUGE salaries and perks. Many are outright incompetent and indeed a threat to our nation's security. I give you one such glaring example below.
This person, Farah barely made it thru UIA (with a couple of repeats) and was a total washout at Zaid Ibrahim & Co. After getting laid off from ZICO, she reappeared out of nowhere into a key post in Pemandu. She handles PDRM programmes and KPIs and monitors the police force on behalf of Najib and previously for Hishammuddin H. Onn as well. Hishammuddin thr weakling was in her pocket and she -- in HIS name -- could summon CPOs and OCPDs to her beck and call.
Her partying lifestyle, heavy drinking and expensive trips overseas (disguised as "working visits") are well known in the office, where she is known as the Party Queen of Pemandu.
Her promiscuous liaisons with foreign men makes her vulnerable to undue influence by foreign interests and she could even be blackmailed into divulging national secrets to her foreign seductors.
Farah is a security threat. Her lavish lifestyle, promiscuity and drinking habit makes her TOTALLY UNSUITABLE for her job. How can this drunk slut be advising softy Najib on anything? In the interest of our nation, pls get her and others like her removed from Pemandu.
AND this person right now is in the PM's dept. advising Najib and the cabinet over national security issues. Unbelievable! I personally believe this issue needs special and immediate attention from PMO. Pemandu must issue a statement on this matter and not just play deaf. The Benchmark? Many don't know who is or she is but the person could be hiding somewhere inside...  |
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