PUTRAJAYA: The Court of Appeal on Thursday declared the Peaceful Assembly Act legal, a ruling that departs from an earlier ruling of another Appelate Court.
Court of Appeal president Justice Md Raus Sharif ruled that Section 9(1) of the Peaceful Assembly Act (PAA) 2012 was constitutional and that rally organisers could be fined for failing to give prior notice.
This diverged from another Court of Appeal panel's landmark decision that struck out a similar charge faced by Seri Setia assemblyman Nik Nazmi Nik Ahmad, on grounds that criminalising the right to assemble was unconstitutional.
"We are of the firm opinion that Section 9(1) does not run contrary to Article 10(1)(b)... we depart from the opinion taken in the case of Nik Nazmi," said Justice Md Raus.
Article 10(1)(b) of the Federal Constitution enshrines the right to assemble peacefully.
The three man bench, which included Justices Mohd Zawawi Salleh and Zamani A. Rahim, restored Johor PKR executive secretary R. Yuneswaran's conviction and RM6,000 fine.
Yuneswaran's lawyer R. Sivarasa told reporters that having differing Court of Appeal decisions on a single issue would confuse future similar cases.
"If you asked me now if rallying could be criminal, I'd have two answers for you," he said.
Yuneswaran was charged for failing to inform the Johor Baru South OCPD 10 days in advance before holding the Black 505 rally in Puteri Wangsa, Ulu Tiram, Johor at around on May 15, 2013.
He was found guilty by the Johor Sessions Court and fined RM6,000 for the offence under Section 9(1), on Sept 26 that year.
The Johor Baru High Court in 2014 overturned the conviction, as it was bound by the landmark decision.
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