Ex-Muda sec-gen acquitted of Peaceful Assembly Act charges
The decision was delivered by magistrate Farah Nabihah Muhamad Dan this morning after deputy public prosecutor Anis Wahidah Mohamad informed the court that the prosecution has been instructed to retract the charges on Aug 5.
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New Straits Times
2 days ago
- New Straits Times
Peaceful Assembly Act review must uphold Constitution, democratic values
KUALA LUMPUR: The Alliance for a Safe Community has expressed support for the government's decision to revisit the Peaceful Assembly Act 2012, in light of the recent Federal Court ruling which found one of its provisions unconstitutional. Its chairman, Tan Sri Lee Lam Thye, said the ruling served as a timely reminder that national laws must remain consistent with the Federal Constitution, particularly the right to freedom of assembly under Article 10. "We call on the government to ensure that the revised Peaceful Assembly Act not only aligns with the Federal Court's ruling but also enhances Malaysia's standing as a country that upholds human rights, democratic principles and the rule of law. "The right to peaceful assembly is a hallmark of a mature democracy. It must not be seen as a threat, but rather as a legitimate avenue for citizens to express opinions, participate in public discourse and hold decision-makers accountable," he said in a statement. Lee said the revised Act must fully align with Article 10 of the Federal Constitution, allowing peaceful assembly subject only to reasonable restrictions in the interest of national security, public order and morality. It should also remove provisions that impose excessive or disproportionate penalties on organisers or participants, so as not to deter lawful public assemblies. "It must provide clear, reasonable and non-burdensome procedures for organising assemblies, ensuring that administrative requirements do not become barriers to exercising constitutional rights. "It should also uphold the principle of proportionality, whereby any restrictions are strictly necessary and represent the least intrusive means to achieve a legitimate aim. "In addition, it must protect participants from harassment or arbitrary action, with clear guidelines for law enforcement to manage assemblies in a way that prioritises dialogue and de-escalation." Lee said the organisation also supports the Human Rights Commission of Malaysia's call for the government to involve civil society groups, legal experts and other relevant stakeholders in the review process. "Inclusive consultation is vital to ensure that any amendments are practical, balanced and reflective of the aspirations of a democratic society," he said. On Thursday, Home Minister Datuk Seri Saifuddin Nasution Ismail had said that the government is reviewing the Peaceful Assembly Act 2012 following the Federal Court ruling last month. He said the government is examining all provisions of the Act to ensure they align with democratic principles, human rights and the nation's current needs.
The Star
2 days ago
- The Star
Former Muda leader cleared of rally charge
KUALA LUMPUR: Activist and former Malaysian United Democratic Alliance (Muda) secretary-general Amir Hariri Abd Hadi has been acquitted of a charge of failing to give notice to the police of a rally in 2022. Magistrate Farah Nabihah Muhamad Dan made the order after allowing an application by deputy public prosecutor Anis Wahidah Mohamad to withdraw the case against Amir. The withdrawal is due to the Federal Court's decision that held Section 9(5) of the Peaceful Assembly Act 2012 (PAA) to be unconstitutional. 'After hearing submissions from both parties as well as the decision by the Federal Court, I am informed that the case was remitted from the High Court back to me to decide. 'The prosecution has not received any instruction to re-charge the accused, therefore, the court is giving the order of a discharge and acquittal and for the bail money to be returned fully,' the magistrate said here yesterday. 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. Amir was accused of being 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. On July 1, a five-judge panel of the Federal Court ruled that a provision under Section 9(5) of the PAA, which penalised an organiser who failed to provide the police with a five-day prior notice before holding an assembly, is unconstitutional. Former Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said that Section 9(5) of the PAA is unconstitutional for it is inconsistent with Article 10(2)(b) read with Article 8(1) of the Federal Constitution.
New Straits Times
3 days ago
- New Straits Times
News@9: Today's top headlines - August 8, 2025 [WATCH]
Here are today's biggest stories. Zara Qairina case — exhumation ordered The Attorney-General's Chambers has returned investigation papers on the death of 13-year-old Zara Qairina Mahathir to the police, instructing further action including the exhumation of her body for a post-mortem to gather additional evidence. Peaceful Assembly Act under review The government is reviewing the Peaceful Assembly Act 2012 after the Federal Court ruled a key provision unconstitutional, with Home Minister Saifuddin Nasution saying amendments will balance constitutional rights with public order and security. Prime Minister Anwar Ibrahim says the ceasefire between Thailand and Cambodia was made possible through the unity and backing of all Asean leaders. Over 6,000 Malaysians gave up their citizenship in the first half of 2025 to become Singaporeans, according to the home minister. That's it for News@9.
