Suara Rakyat Malaysia (Suaram) condemns the use of Section 353 of the Penal Code to investigate the deputy chairperson of the socialist party PSM, S Arutchelvan, over a peaceful assembly involving more than 500 estate workers.
They had planned to meet policymakers to submit their proposed estate workers housing scheme law outside Parliament on 13 August.
The use of Section 353 – criminal force or assault to deter a public servant from performing their duties – is grossly disproportionate, given that police were actively blocking peaceful protesters from approaching Parliament.
Under the current “Madani” (civil and trustworthy) administration, at least four peaceful assemblies have been investigated under Section 186 of the Penal Code for obstruction of public servants.
The invocation of Section 353 marks a troubling escalation – shifting blame onto people exercising their constitutional right to assembly peacefully, while failing to hold police accountable for their failure to facilitate the protest effectively.
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Public assemblies outside Parliament long predate the Peaceful Assembly Act (PAA) and have been part of Malaysia’s democratic tradition. Public roads and spaces – especially just outside the gates of Parliament – must remain accessible for protests, particularly during periods when Parliament is sitting.
Yet despite over a decade of managing assemblies under the PAA, the police have, since 2020, increasingly pushed protesters further away from Parliament gates to the base of the hill. This undermines the core purpose of assembling peacefully: to deliver public demands directly to elected representatives.
Suaram therefore urges the police to immediately drop the investigation against Arutchelvan and cease all forms of intimidation against peaceful protesters.
We also call on the Ministry of Home Affairs to review police protocols and ensure that all officers adopt a facilitative, rights-based approach to managing assemblies – including at high-security locations such as Parliament.
Amid ongoing amendments to the PAA, the Madani government must ensure that policing practices at assemblies reflect – not undermine – its stated commitment to reform. – Suaram
Azura Nasron is the executive director of Suaram.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
