KUALA LUMPUR (Jan 16): The Attorney General's Chambers (AGC) has dropped its bid to review the apex court's decision that it is unconstitutional to impose a criminal penalty on organisers of peaceful assemblies for failure to provide notice to the authorities.
In a brief three-page notice signed by deputy public prosecutor Datuk Seri Saiful Edris Zainuddin, the AGC said that it was discontinuing its review application first filed on Dec 12 last year.
No further details were provided.
In July last year, a five-member panel, led by former Chief Justice Tun Tengku Maimun Tuan Mat, unanimously struck out Clause 9(5) of the Peaceful Assembly Act 2012 which stipulates that an organiser can be slapped with a fine of not more than RM10,000 for failure to provide a notice to the police five days prior to the planned gathering.
Among others, Tengku Maimun said that the Act was passed with the "noble intention" of preserving the right to peaceful assembly guaranteed by the constitution. However, to criminalise the organiser for failure to adhere to the notice period was not consistent with that goal.
She added that whether or not there is compliance with the notice requirement as required by the law, "there is no question that should any such assembly turn unruly, become unlawful, or cease to be peaceful, the police are fully empowered to take action in respect of offences against public tranquillity".
The apex court's decision — one of Tengku Maimun's final decisions before stepping down as CJ — was in relation to Malaysian United Democratic Alliance’s (Muda) former secretary general Amir Hariri Abd Hadi’s referral application to the Federal Court over the constitutionality of Section 9(5) of the Act.
Amir Hariri had organised a rally in August 2022 demanding answers from the government regarding the littoral combat ship issue.
He was charged, that same month, with failing to notify the Dang Wangi district police five days prior to holding an assembly in front of the Sogo shopping complex.
He claimed trial in 2022 and was later acquitted last year, following the Federal Court's decision.
One of the lawyers representing Amir Hariri in his constitutional challenge, Abraham Au, when contacted, confirmed that the AGC has withdrawn its review bid.
On Wednesday, Communication Minister Datuk Fahmi Fadzil was reported as saying that the Cabinet had deliberated and decided to proceed with amending the Peaceful Assembly Act and that the government would convey its stance to the AGC.
The AGC's review bid drew flak from some quarters, including a member of the unity government, DAP. DAP national chairman Gobind Singh Deo said a judicial review could delay the ongoing efforts to amend the Peaceful Assembly Act and also narrow its scope.