Federal Court overturns punishment for failure to notify police of peaceful assembly


PUTRAJAYA: The Federal Court ruled that punishing individuals who failed to notify the police five days in advance before organising a peaceful assembly was in conflict with the Federal Constitution.

Sinar Harian reported that the decision was made unanimously by a panel of five judges led by the Chief Justice Tun Tengku Maimun Tuan Mat, who would end her public service on Tuesday (July 1).

According to her, Section 9 (5) of the Peaceful Assembly Act 2012, which provides for a fine for failure to give advance notice, was a form of prohibition, rather than a restriction permitted under Article 10 (1) (b) of the Federal Constitution.

"This section is a form of disproportionate interference with the people's right to assemble peacefully," she stressed when delivering the decision.

The decision was made following a constitutional challenge filed by Mandiri's Executive Director, Amir Abdul Hadi, who was charged in 2022 for failing to submit a five-day notice to the police before holding a protest in front of the Sogo shopping complex in Kuala Lumpur.

The protest on Aug 14, 2022, involved about 200 people who demanded that the minister responsible for the failure of the littoral combat ship (LCS) project be fired or prosecuted.

Amir has been charged in accordance with Section 9(1) of the same act, which mandates the provision of advance notice, and faces a maximum fine of RM10,000 in accordance with Section 9(5).

He then challenged the validity of the provision,and the High Court referred the legal question to the Federal Court to be decided.

In the decision, the Federal Court also ordered the ongoing criminal proceedings against Amir to be returned to the High Court and disposed of in accordance with the latest judgment.

 

 

 

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

T'ganu Bomba detects office premises converted into student dorms
Bangkok floods: Malaysians urged to remain in contact with embassy
UN Security Council veto must be challenged, abolished, says Tok Mat
Global South must have greater say in AI governance, says Tok Mat
Melaka polls: BN to finalise political cooperation, logo this week
AKPS re-exports 436 e-waste containers, 578 more scheduled in October
Brunei gallery guides learn art of storytelling from Malaysian expert
MACC probing RM42mil losses, governance concerns linked to UiTM Holdings
Thunderstorms and heavy rain forecast for Johor, Sarawak and Sabah until 4pm
Action needed to address stray dog deaths in Ipoh, says animal welfare group

Others Also Read