Home Ministry to review apex court ruling on PAA
Saifuddin said appropriate action will be taken following the unanimous three-member apex court bench ruling delivered by Chief Justice Tunku Maimun Tuan Mat, in relation to a challenge brought by former Muda secretary-general Amir Hariri Abdul Hadi.
'This includes considering...
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The Star
2 hours ago
- The Star
Top court defends right to assembly
PUTRAJAYA: The Federal Court ruled that punishing individuals who failed to notify the police five days in advance before organising a peaceful assembly was in conflict with the Federal Constitution. Sinar Harian reported that the decision was made unanimously by a panel of five judges led by Chief Justice Tun Tengku Maimun Tuan Mat, who ended her public service yesterday. According to her, Section 9 (5) of the Peaceful Assembly Act 2012, which provides for a fine for failure to give advance notice, was a form of prohibition, rather than a restriction permitted under Article 10 (1) (b) of the Federal Constitution. 'This section is a form of disproportionate interference with the people's right to assemble peacefully,' she said when delivering the decision. The decision follows a constitutional challenge filed by Mandiri executive director Amir Abdul Hadi, who was charged in 2022 for failing to submit a five-day notice to the police before holding a protest in front of the Sogo shopping complex in Kuala Lumpur. The protest on Aug 14, 2022, involved about 200 people who demanded that the minister responsible for the failure of the littoral combat ship (LCS) project be fired or prosecuted. Amir has been charged under Section 9(1) of the same Act, which mandates the provision of advance notice, and faces a maximum fine of RM10,000 in accordance with Section 9(5). He 'challenged the validity of the provision, and the High Court referred the legal question to the Federal Court for a decision. In the decision, the Federal Court also ordered the ongoing criminal proceedings against Amir to be returned to the High Court and disposed of following the latest judgment.
The Star
3 hours ago
- The Star
Tengku Maimun says goodbye, with no regrets
PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat ( pic ) finished her last day at work with two major decisions – and without any regrets. She presided over the case of the murder of former public prosecutor Kevin Morais and also made a ruling on the Peaceful Assembly Act, after which she said she had no regrets in her six-year tenure as the top judge in the country. While there has been buzz among lawyers and other judges over why she was not given a six-month extension in her post, Tengku Maimun shrugged it off, saying she had no resentment that she had not received such an offer. The outgoing Chief Justice, who is retiring, told press members that there was 'no issue' that a six-month extension was not on the cards. 'All I can say is that I have served for six years in good health and I think that in itself is a blessing. 'And no regrets, because I have completed my term as the Chief Justice, so the fact that I have not been extended for another six months, that's no issue at all. 'Six months is not significant compared to the six years,' she told the media at the Palace of Justice here. At 5pm yesterday, Tengku Maimun ended her service as the nation's 16th Chief Justice. She had made history as the first woman Chief Justice when she was appointed to the post in May 2019. Tengku Maimun celebrates her 66th birthday tomorrow, therefore reaching the mandatory retirement age. Her retirement has caused a stir and has become a subject of discussion as there has been no formal announcement of a successor, thus far. Asked about her thoughts on the judiciary, Tengku Maimun hoped her legacy would be continued by whoever succeeds her. 'I want to take this opportunity to say thank you to the Malaysian Bar and, of course, generally all the lawyers, including those from Sabah and Sarawak, for giving me strong support. 'I think they understand that the strength of the judiciary depends very much on the strength of the Bar. I am truly appreciative,' she added. The second most senior judge in the country, Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, will retire today unless a last-minute extension is announced. Justice Abang Iskandar is the first judge from Sabah and Sarawak to hold the position.
The Star
3 hours ago
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Apex court rejects Najib's bid to block AG's appeal
PUTRAJAYA: The Federal Court has dismissed a preliminary objection by Datuk Seri Najib Razak against the Attorney General's (AG) appeal relating to the existence of an additional document allegedly permitting the former prime minister to serve the remainder of his prison sentence under house arrest. A three-member bench, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, in a unanimous decision, said that the seven questions of law proposed by the AG are justiciable and can be reviewed by the court. The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah. The panel fixed today to hear the AG's appeal. On April 28, the Federal Court granted leave to the AG to appeal over Najib's additional document. Justice Hasnah said the first three questions raised by the AG related to the adducing of fresh evidence are new legal issues that require further consideration by the court. Regarding questions four to six, she said the questions related to the role of the AG, especially in relation to the failure to file a rebuttal affidavit during the leave stage of the judicial review application. Justice Hasnah said Najib also submitted that questions four to six are an attempt by the AG to sidestep the duty of candour imposed on public authorities/the AG during judicial review proceedings. 'We are concerned whether such a duty can be imposed on the AG at the new stage of the judicial review proceedings. Question seven relates to justiciability, which was addressed by the High Court. 'The issue here is whether the subject matter, the addendum, is a subject matter justiciable to be reviewed by this court. 'This question is relevant to Article 42 of the Federal Constitution. Hence, it is our considered view that all the questions imposed by the AG were neither academic nor hypothetical in nature. 'We therefore unanimously dismiss the preliminary objection by the respondent,' she said, Bernama reported. Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah while AG Tan Sri Mohd Dusuki Mokhtar appeared for the government. 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 fine.
