Judgment on constitutionality of PAA postponed

Appeals Court judges want more submissions on the reasonableness and criminalisation aspects of the Peaceful Assembly Act.

PUTRAJAYA: The Appeals Court today postponed judgment on the constitutionality of section 9 (1) of the Peaceful Assembly Act 2011 (PAA), which requires a 10-day notice to the police prior to holding an assembly.

“We want both parties to submit on the reasonableness and proportionality aspects (of the notice). We also want submissions on the criminalisation of the failure to provide the 10 day-notice,” said Judge Mohamed Ariff Md Yusof.

Mohamed Ariff said this after hearing clarifications from deputy public prosecutor Wan Shahrudin Wan Ladin and appellate lawyers N Surendran, Latheefa Koya, Syahredzan Johan and S Melissa.

The Appeals Court judges, made up of Ariff, Hamid Sultan Abu Backer and Mah Weng Kwai, were to deliver a judgment today on the constitutionality of the PAA.

Judge Hamid Sultan said that criminalisation as provided for in the PAA was unnecessary since there were sufficient sections in the Penal Code to deal with an illegal assembly.

Sri Setia assemblyman, Nik Nazmi Nik Ahmad, had filed the case stating the Act contravened freedom of assembly as provided for in the Federal Constitution.

Nik Nazmi was first charged under Section 9 (1) of the PAA on May 17 last year for his failing to give police the 10-day notice before holding the Black 505 rally at the Kelana Jaya Stadium on May 8.

The Black 505 rally was organised in protest against alleged electoral irregularities three days after BN won the May 5, 2013 General Election.

Federal Constitution ‘sidestepped’

If convicted, Nik Nazmi faces maximum fine of RM10,000 and stands to lose his seat as the punishment under Section 9(5) of the PAA.

He challenged the constitutionality of the PAA in the High Court. High Court judge Noor Azian Shaari however dismissed Nik Nazmi’s application to strike out the charges against him.

Nik Nazmi who is also Selangor deputy speaker in state legislative assembly claimed that the charges were politically motivated but his argument was rejected by Noor Azian.

Judge Mohamed Ariff said submissions must be filed on March 4 and a decision will be delivered on March 18.

He also granted a stay order on the hearing of the case at the Petaling Jaya Sessions Court which was scheduled to be heard on Feb 17-18 and on March 6-7.

Earlier during the hearing, the judges pointed out that Article 4(2) of the Federal Constitution was ‘sidestepped’.

The article states that the validity of any law cannot be questioned unless it is on grounds of public safety

Judge Mah Weng Kwai, meanwhile, wanted Wan Shahrudin to further elaborate as to how the assembly posed a threat to public security when no participants were detained for unruly behaviour at the Black 505 rally.