Order barring Siti Kasim from 2022 rally is legal, rules court

 

Lawyer-activist Siti Kasim and co-applicant S Raveentharan had sought general, aggravated or exemplary damages over the alleged violation of their fundamental rights to freedom of movement, speech and assembly.

KUALA LUMPUR: 

The High Court has ruled that the magistrates’ court’s prohibitory order barring lawyer-activist Siti Kasim and another individual from a rally demanding Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki’s resignation is legal.

The rally, held on Jan 22, 2022, during the Covid-19 lockdown, was mobilised following a shareholding scandal implicating Azam.

Justice Wan Ahmad Farid Wan Salleh, who dismissed the bid by Siti and her co-applicant S Raveentharan for a judicial review over the order made in 2022, ruled that it was issued to control or prevent the spread of the Covid-19 virus at the time.

Thus, the order made by the magistrates’ court is legal and therefore, is not amenable to judicial review. Hence, this application is dismissed with no order as to cost,

 said the judge.

Counsel Kee Hui Yee represented Siti while senior federal counsel Nur Irmawatie Daud appeared for the inspector-general of police, government and two police officers.

Initially, the High Court denied Siti and Raveentharan leave to commence the judicial review.

However, in May last year, the Court of Appeal allowed the two applicants’ appeal for leave and remitted the action to the High Court for a hearing of the judicial review’s merits.

Siti and Raveentharan sought general, aggravated or exemplary damages over the alleged violation of their fundamental rights to freedom of movement, speech and assembly.

Siti also sought compensation over her alleged humiliation and mental anguish, as well as purported severe leg cramps. - FMT