AGC’s review bid not an attempt to revive charges, ex-Muda man told

PKR Youth's Khairul Naim Rafidi says the application under Rule 137 of the Rules of the Federal Court 1995 does not amount to a rehearing or a fresh appeal.

Mandiri executive director Amir Hadi was acquitted last August of failing to give police sufficient notice of a rally organised in 2022.

PETALING JAYA:

 A PKR Youth leader has sought to clarify the decision by the Attorney-General’s Chambers (AGC) to submit a review application regarding a landmark Federal Court ruling last July which struck down part of the Peaceful Assembly Act.

PKR Youth legal bureau chief Khairul Naim Rafidi said the AGC’s submission of the application under Rule 137 of the Rules of the Federal Court 1995 was a valid and long-standing provision, although limited in nature.

He said Rule 137 could only be invoked to prevent serious injustice or abuse of court processes, and that whether this stringent legal threshold was met was the sole discretion of the apex court.

Khairul also maintained that the application did not amount to a rehearing or fresh appeal.

“It does not permit the court to revisit the merits of the (July 2025) decision, findings of fact, or interpretation of law already determined.

“Accordingly, the act of filing a review application under Rule 137 cannot, in and of itself, be construed as an attempt to revive a prosecution or executive interference.

“To directly attribute such a legal application to the prime minister is inconsistent with the constitutional principle of separation of powers,” he said in a statement.

Khairul was responding to former Muda secretary-general Amir Hadi, who said yesterday he was informed that the AGC had submitted the review application, and for a fresh charge to be filed against him under the Peaceful Assembly Act.

He claimed this was a betrayal of the reform agenda, and that Prime Minister Anwar Ibrahim was fully responsible for the decision since the AGC falls under the Prime Minister’s Department.

Amir, the executive director of the NGO Mandiri, was acquitted in August 2025 of failing to give police sufficient notice of a rally organised in 2022.

The Kuala Lumpur magistrates’ court granted the acquittal after Section 9(5) of the law, the provision under which Amir was charged, was struck down by the Federal Court.

The apex court unanimously ruled in July 2025 that it was unconstitutional to criminalise the failure to give the police advance notice of a peaceful assembly.

Home minister Saifuddin Nasution Ismail later said the government had implemented a moratorium on legal proceedings under Section 9(5) of the Peaceful Assembly Act as part of its agenda to reform the law.

Khairul said the government remained committed to executing institutional reforms and preserving judicial independence while protecting the rights of citizens.

“PKR Youth is of the view that genuine reform requires respect for lawful judicial processes and a willingness to allow the judiciary to discharge its constitutional functions independently, professionally and in accordance with the constitution, even in circumstances that are challenging or politically sensitive.

“Differences in political opinion should not be used as a basis to allege a betrayal of the reform agenda as long as legal processes continue to operate and remain subject entirely to the determination of the courts,” he said. - FMT