Bar lauds Federal Court decision on Peceaful Assembly Act provision
Its president, Mohamad Ezri Abdul Wahab, said the provision, which criminalises failure to provide prior notice to the police before holding an assembly, has long been the subject of concern within the legal and civil society communities.
He said the Malaysian Bar had consistently opposed criminalisation of peaceful assemblies due to procedural irregularities.
"We have held that the requirement to notify the police should be administrative in nature, not punitive.
"This decision vindicates that position. Criminal sanctions for failure to notify authorities are not only excessive but have had a chilling effect on public participation and freedom of expression," he told the New Straits Times.
Meanwhile, former Bar president Salim Bashir called the ruling "groundbreaking and progressive".
He said the Federal Court characterised the notice requirements as prohibitory rather than restrictive.
Restrictions which are necessary or expedient in the interest of the security of the federation or any part of the federation or public order are allowed under Article 10(2)(b) of the Federal Constitution, he said.
Earlier today, the apex court declared it unconstitutional to criminalise the failure to notify the police five days in advance before holding a peaceful assembly.
Delivering the unanimous decision by a five-member bench, Chief Justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 imposes a penalty that goes beyond what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly and association.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
15 minutes ago
- The Star
Najib did not make reasonable effort to obtain 'royal addendum', apex court hears
PUTRAJAYA: Datuk Seri Najib Razak failed to exercise reasonable diligence to obtain the addendum he claims would allow him to be under house arrest when he filed for leave to initiate judicial review over the matter, the Federal Court heard. Attorney General Tan Sri Mohd Dusuki Mokhtar submitted that Najib had every opportunity to obtain the addendum before the filing, but his action showed otherwise. "The respondent failed to demonstrate any evidence of reasonable diligence having been exercised to obtain the fresh evidence during the proceedings at the High Court," he said here on Wednesday (July 2). The AG was submitting at the hearing of an appeal he filed to set aside a 2-1 majority ruling by the Court of Appeal on Jan 6 that remitted Najib's case back to the High Court to be heard on its merits. ALSO READ: Apex court rejects Najib's bid to block AG's appeal Najib's application at the High Court was on his claim that the addendum exists and would allow him to serve the remainder of his prison sentence under house arrest. Dusuki said Najib's son Mohd Nizar who was a member of the Pahang state executive council, could have obtained the addendum through reasonable diligence given his frequent attendance at meetings with His Royal Highness the Sultan of Pahang. Despite this, the addendum was only obtained after the decision at the High Court. "Non-compliance with this condition renders their application to adduce fresh evidence untenable," the AG said. Meanwhile, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said that the Attorney General's Chambers was already aware of the addendum order as it was directly addressed to the then AG. The hearing resumes before a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim on July 9. The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah. On April 28, the Federal Court granted leave to the AG to appeal over Najib's additional document. ALSO READ: Najib allowed to attend hearing of AG's appeal over 'royal addendum' On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib's claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits. This decision overturned the High Court's earlier ruling, which had dismissed Najib's application for leave to commence a judicial review regarding the alleged additional document. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil.
The Sun
30 minutes ago
- The Sun
Federal Court upholds IRB's RM1.8 billion tax claim against TNB
PUTRAJAYA: The Federal Court has ruled in favour of the Inland Revenue Board (IRB) in a RM1.8 billion tax dispute with Tenaga Nasional Berhad (TNB) for the 2018 assessment year. A five-member bench, led by Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, unanimously overturned previous High Court and Court of Appeal decisions that had sided with TNB. The court found that TNB had wrongly claimed reinvestment allowance (RA) under Schedule 7A of the Income Tax Act 1967 (ITA), which is intended for manufacturing companies. Justice Rhodzariah Bujang stated that TNB, as a service provider, should have applied for investment allowance under Schedule 7B instead. The dispute arose after TNB filed a judicial review in 2020 challenging IRB's rejection of its RM1.81 billion RA claim. The High Court and Court of Appeal initially ruled in TNB's favour, but the Federal Court reversed those decisions, stating that TNB's operations fall under the services sector, not manufacturing. Despite the legal battle, TNB has already paid the assessed tax amount. The IRB was represented by Datuk Dr Cyrus Das and senior revenue counsel Ashrina Ramzan Ali, while TNB's legal team included Datuk D. P. Naban and S. Saravana Kumar.
New Straits Times
35 minutes ago
- New Straits Times
Pas backs review of Peaceful Assembly Act
KUALA LUMPUR: Pas has expressed support for a review of the Peaceful Assembly Act 2012, following the Federal Court's declaration that Section 9(5) of the act is unconstitutional. Secretary-general Datuk Seri Takiyuddin Hassan said that the act must align with the apex court's decision and reflect the spirit of the constitution and human rights. Section 9(5) of the act imposed a criminal penalty on organisers of public assemblies who failed to give police at least five days' notice before holding a gathering. () He also called for broader legal reform, including the repeal of other laws that he said could be used to stifle dissent. These include the Sedition Act 1948, the Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984, which he described as draconian provisions that must be reconsidered. Takiyuddin said that such legal reforms are consistent with promises made by Pakatan Harapan in the 15th General Election. He said that the Federal Court ruling was in line with the principles enshrined in Article 10 of the constitution, which guarantees the right of every citizen to speak, assemble and associate peacefully and without arms. Yesterday, Home Minister Datuk Seri Saifuddin Nasution Ismail said that Prime Minister Datuk Seri Anwar Ibrahim had announced cabinet's decision to implement a moratorium on any prosecution under Section 9(5). Saifuddin added that amendments to Section 11 of the act will be tabled in the next parliamentary sitting , which begins this month. The section requires organisers of peaceful assemblies to seek the consent of venue owners before such gatherings can take place.
