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 Chief Justice Tun Tengku Maimun Tuan Mat, who ended her public service yesterday.
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 said when delivering the decision.
The decision follows a constitutional challenge filed by Mandiri 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 under 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 'challenged the validity of the provision, and the High Court referred the legal question to the Federal Court for a decision.
In the decision, the Federal Court also ordered the ongoing criminal proceedings against Amir to be returned to the High Court and disposed of following the latest judgment.
