Outgoing CJ Tengku Maimun's ruling on right to peaceful assembly a ‘fitting farewell gift', says former Malaysian Bar president
Salim expressed his gratitude for Tengku Maimun's leadership in delivering a judgment he described as 'a farewell gift'.
Tengku Maimun retires today as Malaysia's 16th Chief Justice. She was the first woman to helm the judiciary, having been appointed in 2019.
Salim was referring to the unanimous judgment delivered by a five-member panel of the Federal Court, which struck down Section 9(5) of the Peaceful Assembly Act (PAA) 2012, deeming it unconstitutional. The provision had previously criminalised the failure of organisers to notify the police at least five days before holding a peaceful assembly.
The apex court ruled that such a penalty exceeded the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees Malaysians the fundamental right to freedom of speech, assembly and association.
'According to Section 9(1) of the Peaceful Assembly Act, organisers are required to inform the police about the proposed assembly by giving notice within a specified time limit,' said Salim.
'In its groundbreaking and progressive judgment, the Federal Court took cognisance of citizens' constitutional rights by striking down the provision in the Act that penalised organisers for failing to give prior notice for peaceful assembly.
'The exigencies of the notice requirements from organisers and permissions from authorities have created a chilling effect, which the Federal Court characterised as more 'prohibitory' in nature than as 'restrictions' under Article 10(2)(b) of the Constitution.'
Salim said that with this judgment, the Federal Court acknowledged the noble intentions behind the creation of the Peaceful Assembly Act by Parliament, in line with constitutional rights to peaceful assembly.
'The apex court emphasised that laws passed by Parliament must be fair and proportionate to the objectives of the restrictions, to prevent any unnecessary actions that could suppress the law's worthy objectives and good intentions,' said Salim.
He added that the government should take heed of the decision and place a moratorium on any enforcement of the notice requirements under the Peaceful Assembly Act until the impugned provision is repealed by Parliament.
'The decision has effectively ended the conflicting views previously raised by the Court of Appeal regarding the notice requirements under the Peaceful Assembly Act.'
The Federal Court ruling arose from a constitutional challenge by former Muda secretary-general Amir Hariri Abd Hadi, who was charged in 2022 with failing to give the police five days' notice before organising a protest calling for the ministers responsible for the failure of the littoral combat ship project to be sacked or brought to justice.
The High Court later referred the question to the Federal Court. Tengku Maimun also directed that Amir's ongoing criminal proceedings be remitted to the High Court and disposed of in line with the apex court's judgment.
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