The Federal Court ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 is unconstitutional, effectively removing a rule for rally organisers to give authorities a five-day notice.
Chief Justice Tengku Maimun Tuan Mat, on her last day before retirement, led a five-member bench today in the unanimous ruling over a challenge brought by former Muda secretary-general Amir Hariri Abdul Hadi.
“The Federal Court, chaired by Chief Justice Tun Tengku Maimun in YAA’s last sitting, has just struck down s9(5) of the Peaceful Assembly Act, which criminalises the failure to give notice for a peaceful assembly,” said lawyer New Sin Yew in a post on X.
On Aug 8, 2024, the Kuala Lumpur High Court allowed Amir’s bid for the Federal Court to hear his challenge against the PAA provision.
He was charged with alleged failure to notify authorities before holding a protest over the littoral combat ship (LCS) issue in 2022.
According to Free Malaysia Today, 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.
She also described the section as “a disproportionate intervention” that amounted to a prohibition rather than a restriction on the guaranteed rights.
Further, Tengku Maimun directed that Amir’s ongoing criminal proceedings be remitted to the High Court and disposed of in line with the apex court’s judgment.
On Aug 26, 2022, before the Kuala Lumpur Magistrate’s Court, Amir claimed trial to the charge of failing to notify the Dang Wangi police five days before holding the “Where is the littoral combat ship?” protest.
The public gathering was in front of Sogo at Jalan Tuanku Abdul Rahman at 2pm on Aug 14, the same year.
The criminal charge was punishable with a maximum fine of RM10,000.
Before today’s judgement, the government reduced an initial 10-day notice requirement under the section to five days.
- Mkini
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