Lawyer Rebukes Fahmi S Misleading Statement On Paa Applications

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A law expert has slammed Communications Minister Fahmi Fadzil for misinterpreting legal provisions under the Peaceful Assembly Act (PAA) 2012.
In particular, lawyer Rajesh Nagarajan took issue with Fahmi’s recent claim that 99 percent of “applications” under the PAA to hold peaceful assemblies between 2022 and 2024 were approved.
Labelling the statement as “utter nonsense and misleading”, Rajesh (above) highlighted that the law merely requires organisers to notify the police of a gathering and does not stipulate the need to submit an application.
“There is no such thing as an ‘application’ under the PAA. The police have no right to ‘approve’ anything,” Rajesh told Malaysiakini.
“It is extremely disconcerting and concerning that a minister in the cabinet is making misleading statements regarding provisions of the PAA.
“(Fahmi) does not seem to understand the difference between notifying the police and seeking approval from the police,” he added.
Cautioning that Fahmi’s statement could result in extensive grievances between the rakyat and the police, Rajesh reiterated arguments that police are not authorised to issue “permits” for gatherings as such authorisation is not detailed under the PAA.
“The police, now misled by the minister’s statement, will think that they have the power to approve the notices. This is completely false.
The anti-graft rally in Kuala Lumpur“The police have no power to reject any public gatherings under the PAA. Once notice is given, the police may monitor and/or impose conditions, (but) they are powerless to stop the gathering,” he stressed.
Five-day notice
Previously, the legal fraternity had emphasised that the PAA states that police must only be given notice at least five days prior to the event, with the public not required to make an application for a permit.
However, police have occasionally rejected members of the public’s notifications to hold gatherings, often citing how such documentation lacked pertinent details such as permission from the owner of the place of assembly or other required particulars.
During his post-cabinet meeting press conference on Wednesday, Fahmi also said the Home Ministry is expected to table the Peaceful Assembly (Amendment) Bill 2025 in Parliament during the second or third sitting this year.
Without divulging details, Fahmi, who is also the government spokesperson, said the amendments are expected to “strengthen” the public’s right to peaceful assembly.
Earlier this year, Prime Minister Anwar Ibrahim indicated that proposed amendments will remove the need for organisers to obtain approval from the premises owner, as mentioned under several sections of the PAA, including Section 11. - Mkini

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