KUALA LUMPUR (Jan 15): DAP is urging the Attorney General to "seriously reconsider” the application filed to review the Federal Court’s decision that struck down part of the peaceful assembly law.
A judicial review of the ruling could delay the ongoing efforts to amend the Peaceful Assembly Act 2012, DAP national chairman Gobind Singh Deo said in a statement. The review would also narrow the reforms that could be achieved through amendments in the Parliament, he said.
“The application for review would not permit us to look beyond the matters raised in that application, thereby limiting the intended reforms which are needed to the Act,” Gobind said.
The statement comes after former Malaysian United Democratic Alliance (Muda) secretary general Amir Hariri Abd Hadi disclosed a notice on the Attorney General’s Chambers' intention to seek a review of the Federal Court’s 2025 decision and to revive the prosecution against him.
Former Chief Justice Tun Tengku Maimun Tuan Mat led a five-member Federal Court bench to unanimously strike down Section 9(5) of the law, effectively decriminalising the failure to notify the police of an assembly in the landmark ruling last year.
“The decision by the Attorney General’s Chambers to submit this review is not only a betrayal of the long struggle for reform, but also proof that the reform promises repeatedly proclaimed over the years were nothing more than empty slogans used to gain power,” Amir Hariri said.
Gobind's statement echoed remarks by the government spokesperson Datuk Fahmi Fadzil on Wednesday that the Cabinet had already decided to amend the law and may instruct Attorney General Tan Sri Mohd Dusuki Mokhtar to drop the plan to seek a review of the ruling.
Gobind said the proposed amendments go beyond Section 9(5), addressing other provisions of the Act that have also raised concerns.
"Given that efforts are already underway to amend the Peaceful Assembly Act, we should take this opportunity to revisit and improve the provisions of the Act through Parliament instead of pursuing further litigation by way of review," Gobind added.
Amir Hariri brought the constitutional challenge after he was charged for failing to provide the required five days’ notice for a rally held in front of the Sogo shopping complex in August 2022 to demonstrate against the government’s handling of the long-delayed littoral combat ships.
The apex court ruled in July 2025 that Section 9(5) was disproportionate and violated the right to peaceful assembly under Article 10 of the Federal Constitution.
The court viewed that the notice requirement serves a facilitative purpose — allowing authorities to manage traffic and public safety — rather than acting as a form of permission. Amir Hariri was acquitted in August 2025.