KUALA LUMPUR: A magistrate's court prohibition that barred lawyer Siti Kasim and another individual from participating in a rally demanding the resignation of Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki two years ago is valid, the High Court ruled.
Justice Wan Ahmad Farid Wan Salleh said the magistrate's order was part of an effort to curb the spread of Covid-19 at that time.
He noted that the right to free movement as enshrined in the Federal Constitution is not an absolute right.
"The magistrate's order was not ultra vires and not tainted by illegality or unconstitutionality. The order is also not amenable to judicial review.
"The court dismisses the judicial review application and since the case is of public interest, I make no order as to costs," he said here on Tuesday (Sept 24).
On Jan 20, 2022, Siti and S. Raveentheran filed the judicial review application to challenge a court order linked to the rally 'Tangkap Azam Baki.'
They named the Dang Wangi OCPD Asst Comm Noor Dellhan Yahaya, Dang Wangi deputy OCPD Deputy Supt Muhammad Faizal Mohd Amir, Inspector-General of Police, Attorney General, and the government as respondents.
The plaintiffs had initially failed in their bid to initiate the judicial review as the High Court dismissed their leave application.
However, in May last year, the Court of Appeal allowed their appeal and ordered the case to be returned to the High Court for a hearing on the merits of the case.
In the judicial review application, Siti and Raveentheran sought general, aggravated, or exemplary damages for the alleged violation of their fundamental rights to freedom of movement, speech, and assembly.
Siti also sought compensation for having to endure embarrassment, experiencing stress, and suffering severe leg cramps after being forced to walk from Lorong Medan Tuanku to a new rally location in Bangsar after police imposed a blockade at the original rally site.
