AGC withdraws application to review ruling on PAA

 

The Attorney-General’s Chambers (AGC) has withdrawn its application to review a Federal Court ruling from July 2025, which declared a provision under the Peaceful Assembly Act (PAA) of 2012 as unconstitutional.

Mandiri executive director Amir Hariri Abd Had said he was notified of the AGC’s latest decision through his lawyers, who recently received a notice of discontinuance on the initial notice of motion filed by the AGC against last year’s landmark ruling, which ruled in his favour.

“This means that the notice of motion filed by the AGC to the Federal Court's decision regarding Section 9 (5) of the Peaceful Assembly Act (PAA), which included a request to reinstate the prosecutions against me, has been cancelled,” he said in a statement today.

Amir, who is also a former Muda secretary-general, was charged under the Act on Aug 26, 2022, in connection with organising a rally held earlier the same month and has since been acquitted.

In 2024, he obtained the High Court’s permission to challenge the PAA provision in the Federal Court, and the apex court declared the provision unconstitutional and no longer valid last July.

However, earlier this week, the AGC announced that it sought to review the July 2025 ruling and for Amir’s charges under the PAA to be revived.

The AGC’s move had courted criticism from various parties, including DAP chairperson Gobind Singh Deo, who described it as "constraining the government's ability to improve its legislative reforms", and veteran PKR MP Hassan Karim, who also described the move as “deeply disappointing”.

Principles and courage

In today’s statement, Amir also thanked his lawyers, friends, and supporters who have stood by his side throughout various proceedings and who have rejected the AGC's earlier move.

“When the AGC’s surprising decision to review the Federal Court's ruling was announced via my media statement dated Jan 13, many spoke out, including those who are now part of the government.

“This includes Gobind, Hassan and my friend Mandeep Singh (a former Bersih leader), who has consistently supported me from the very beginning,” he said.

“They serve as proof that being in a position of power does not mean the truth should be silenced. It is not impossible. What is required are principles and courage,” he emphasised.

He also stressed that his youth-led activist group, Mandiri, would continue to speak out and provide checks and balances, regardless of the risks involved.

“This victory would not have come without a fight,” he said.

‘Move a betrayal’

Previously, Amir told Malaysiakini that he had been notified in December last year of the AGC’s desire to file its review.

He described the AGC’s move as a betrayal towards the principles of justice and questioned Prime Minister Anwar Ibrahim’s commitment to the struggle for reformation.

He also laid the blame for the decision directly at Anwar's feet, since the jurisdiction of the AGC falls under the Prime Minister’s Department.

Amir explained that the AGC had applied for a review under Rule 137 of the Rules of the Federal Court 1995, which states that the top court may review past decisions to prevent any injustice or abuse of process.

In July last year, a five-member bench led by then-chief justice Tengku Maimun Tuan Mat delivered a unanimous ruling deeming Section 9(5) of the PAA unconstitutional.

Tengku Maimun Tuan Mat

Tengku Maimun said Section 9(5) of the PAA imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.

The challenge was brought by Amir, who had been charged with the alleged failure to notify authorities before holding a protest over the littoral combat ship issue in 2022. - Mkini