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.
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