Parliament has power to restrict protests, High Court rules

Anwar and Azmin (left) were accused of inciting others to breach a police cordon sealing off Dataran Merdeka during last April’s Bersih rally. — File pic

KUALA LUMPUR, Jan 18 ― Parliament has extensive powers and the authority to regulate civil liberties ― including banning street protests in the name of public safety ― the High Court ruled today when dismissing Datuk Seri Anwar Ibrahim’s bid to strike out a charge he faces under the Peaceful Assembly Act 2012 (PAA).

The opposition leader will be tried for violating the law by taking part in the April 28, 2012 Bersih rally for electoral reforms.

In his judgment today, High Court judge Kamardin Hashim said he found Parliament to have acted within reason and in adherence to Article 10 of the Federal Constitution, which guarantees freedom of assembly, when it passed last year the law restricting public demonstrations to being static affairs.

“I am of the view that Parliament has an extensive and valid power to regulate human rights such as right to organise and participate in a peaceful assembly without arms and at the same time to impose certain restriction as its deems necessary or expedient in the interest of the security of the federation or any part thereof or public order as envisage under clause (2) (b) of Article 10 of the Federal Constitution,” he said.

“I found that the prohibition imposed by Parliament is reasonable in view of the protection of the interest of the security of the nation and maintaining of public order,” the judge added.

Kamardin also noted that holding a street protest would encroach on the rights and freedom of others, as stated under Section 3 of the PAA, which include the right to enjoy free movement, the right to enjoy the natural environment and the right to conduct business freely.

“After careful consideration of what had been said and submitted by both sides, I hold the view that Section 4(1) (c) and Section 4(2) (c) of the Peaceful Assembly Act 2012 neither violates nor contravenes Article 10(1)(b) of the Federal Constitution and therefore is not null and avoid under Article 4(1) thereof,” the judge said.

Anwar, who heads the Pakatan Rakyat (PR) opposition pact, was charged last May 22 with participating in a street protest on April 28, 2012, which allegedly led to chaos in the national capital.

Also charged were PKR deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin, 34.

The trio also faced a second charge of conspiring with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim by inciting them to remove iron barricades at Jalan Raja here on the same day.

They are the first individuals to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which provides for a maximum fine of RM10,000 upon conviction.

DAP chairman Karpal Singh, who acted as Anwar’s lawyer, told reporters he will file an appeal against today’s ruling on Monday.