In a landmark decision by the second highest court in the country, the Court of Appeal has today ruled Section 9(5) of the Peaceful Assembly Act (PAA) that punishes citizens who do not give 10 days notice before an assembly as unconstitutional.
With this, the penalty where the organiser stands to face a RM10,000 fine is declared null and void.
In a unanimous decision to strike out the charge on Selangor assembly deputy speaker Nik Nazmi Nik Ahmad, the three-member panel also declared the PKR Youth chief aspirant, who was charged under the PAA, as discharged and acquitted.
They were charged in relation to the Black 505 rally after the last general election in 2013, staged to protest alleged massive electoral fraud.
The panel was led by Justice Mohd Ariff Mohd Yusof who said there is nothing in the Act that allows the authorities to declare a peaceful assembly as illegal.
The other judges were former Malaysian Bar president Mah Weng Kwai and Hamid Sultan Abu Backer.
[More to follow]
With this, the penalty where the organiser stands to face a RM10,000 fine is declared null and void.In a unanimous decision to strike out the charge on Selangor assembly deputy speaker Nik Nazmi Nik Ahmad, the three-member panel also declared the PKR Youth chief aspirant, who was charged under the PAA, as discharged and acquitted.
They were charged in relation to the Black 505 rally after the last general election in 2013, staged to protest alleged massive electoral fraud.
The panel was led by Justice Mohd Ariff Mohd Yusof who said there is nothing in the Act that allows the authorities to declare a peaceful assembly as illegal.
The other judges were former Malaysian Bar president Mah Weng Kwai and Hamid Sultan Abu Backer.
[More to follow]
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