Citing lack of jurisdiction, Federal Court refuses to hear legality of Peaceful Assembly Act

The Federal Court says it has no jurisdiction to determine the constitutionality of several provisions in the Peaceful Assembly Act 2012. – The Malaysian Insider file pic, March 30, 2015.

The Federal Court today dismissed the government's referral application to determine the constitutionality of several provisions in the Peaceful Assembly Act 2012.

A five-man bench led by Chief Justice Tun Arifin Zakaria said the apex court had no jurisdiction to hear the application by the prosecution.

"However, we are sending the prosecution's appeal against the acquittal (of R. Yuneswaran) to the Court of Appeal," Arifin said.

This morning, Yuneswaran's lawyer, Datuk Seri Gopal Sri Ram raised a preliminary objection stating that the prosecution's reference to the Federal Court could not be heard as it lacked jurisdiction.

Sri Ram said the apex court only hear constitutional questions referred by a High Court as provided under Section 84 of the Courts of Judicature Act 1964.

"The apex court cannot entertain a referral application made by a Court of Appeal," he said.

Deputy public prosecutor Manoj Kurup said the prosecution came to the Federal Court to determine whether the Court of Appeal arrived at a correct decision in the case of Nik Nazmi Nik Ahmad which was made in April last year.

The Court of Appeal in Nik Nazmi’s constitutional challenge, ruled that it was not mandatory for a rally organiser to give a 10-day notice under Section 9(1) of the PAA.

The three-man bench also ruled that one could not be punished with a fine of up to RM10,000 as provided under Section 9(5) of the PAA.

Four months later, the High Court in Johor Baru overturned a lower court ruling and acquitted Yuneswaran of unlawfully organising a “Blackout 505” rally.

Judge Datuk Mohd Sofian Abd Razak in allowing Yuneswaran's appeal, said the conviction was unconstitutional.

Yuneswaran was found guilty by the Sessions Court on September 26, 2013 and fined RM6,000. He was accused, as organiser for the rally, of failing to give prior notice of at least 10 days to the Johor Baru Selatan district police chief, on the event.

He allegedly committed the offence at the PKR office in Jalan Beladau 19, Taman Puteri Wangsa, Ulu Tiram here around 8.30pm on May 15, 2013.

The prosecution did not appeal the High Court ruling but instead made an application to the Court of Appeal to have the matter referred to the apex court.

A three-man Court of Appeal bench led by Tan Sri Raus Sharif allowed the referral application based on four constitutional questions.

- TMI