Judge: Peaceful Assembly Act does not violate constitution

The Peaceful Assembly Act, which bars street protests, does not violate the constitutional right of the people and those who engage in street protests can be charged, the High Court in Kuala Lumpur ruled today.

Judge Kamardin Hashim, in dismissing Opposition Leader Anwar Ibrahim's application to strike out his Bersih 3.0 charges against him under Section 4(1)(c) and 4 (2)(c) of the PAA, said this law does not contravene Article 10 (1) (b) of the federal constitution on freedom of assembly.

"The court notes that having or allowing street protests will transgress the rights and freedom of other persons, which is defined under Section 3 of the Act, which includes: 

• The right to peaceful enjoyment of one's possessions;

• The right to freedom of movement;

• The right to enjoy the national environment; and

• The right to carry out businesses.

"After careful consideration of what has been said by both sides, I hold the view that Section 4(1)(c) and 4 (2)(c) neither violate nor contravene Article 10 of the federal constitution and therefore are not null and void under Article 4 (1) thereof.

"Hence, for the abovementioned reasons, my answer to the above is in the negative," Justice Kamardin ruled.

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