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Monday, December 12, 2011

Assembly Bill: Court defers decision on PAS challenge

PAS will have to wait until Thursday to find out if it has leave to challenge the constitutionality of the Peaceful Assembly Bill.

NONEThe Kuala Lumpur High Court (Appellate and Special Powers Division) this morning allowed the matter postponed at the request of senior federal counsel Muzila Mohamed Arsad from the Attorney-General's Chambers.

Muzila told Justice Rohana Yusuf that the respondents are unprepared as several federal counsel had to attend a conference from Dec 7-10.

Prime Minister Najib Abdul Razak and the government are named as the first and second respondents respectively.

PAS deputy president Mohamad Sabu, PAS treasurer Dr Hatta Ramli and central committee member Dzulkefly Ahmad had filed the application for leave on Dec 2.

NONETheir legal team is led by Mohamad Hanipa Maidin (left) and assisted by Aminuddin Zulkifli and Ahmad Zambri As'ad Khuzami.

"The Bill is against Article 10 of the federal constitution, as every citizen has the right to freedom of assembly and even though restrictions can be imposed, it cannot be to an extent of total prohibition," said Mohamad Hanipa.

The Bill, which places a blanket ban on street demonstrations, had cleared the Dewan Rakyat last month is now before the Dewan Negara.

PAS has also applied for a writ of prohibition to prevent the Bill from being formalised in Parliament, as well as a writ of mandamus compelling the respondents to withdraw or amend the Bill according to the constitution.

The party is further seeking a declaration that the respondents have exceeded and abused their power by tabling a Bill that contravenes the constitution.

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