Muda sec-gen wins bid to refer constitutional question to Federal Court


KUALA LUMPUR: The High Court has on Thursday (Aug 8) allowed an application by Malaysian United Democratic Alliance (Muda) secretary-general Amir Hariri Abd Hadi to refer three constitutional questions to the Federal Court.

Amir, 33, wanted the Federal Court to determine whether Section 9(5) of the Peaceful Assembly Act 2012 violates the right to freedom of assembly under the Federal Constitution.

The Section states that an organiser must notify the officer in charge of the police district where the assembly is to be held at least ten days before the event.

In his decision, Justice Azhar Abdul Hamid said the questions required determination by the apex court.

In Aug 26, 2022, Amir claimed trial at the Magistrate's Court to a charge of failing to notify the authorities about the #ManaKapalLCS protest held in town.

He is facing a maximum RM10,000 fine, if convicted.

Amir was allegedly involved in organising a protest in front of Sogo, within Dang Wangi district, around 2pm on Aug 14, the same year.

However, he, as the organiser, was alleged to have failed to notify police about the protest five days before the event took place.

Amir was represented by lawyers Joshua Tay and Beatrice Chin while Deputy Public Prosecutor Syajaratudur Abdul Rahman appeared for the prosecution.

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