Court backtracks, now says punishing rally organisers legal

Source: The Malaysian Insider

Last year’s May Day rally in Kuala Lumpur. The Court of Appeal has said that organisers of assemblies can be punished according to the Peaceful Assembly Act 2012. – The Malaysian Insider filepic, October 1, 2015.

The Court of Appeal today ruled that a provision in the Peaceful Assembly Act 2012 (PAA) that punishes organisers for holding assemblies is constitutional.

A three-man bench chaired by Tan Sri Md Raus Sharif said Section 9(5) of the PAA, which provides for a fine of up to RM10,000, did not run foul of Article 10 of the Federal Constitution.

“Section 9(5) is valid and enforceable,” Raus said of the unanimous judgment.

He said as such the bench had to depart from a previous Court of‎ Appeal ruling that Section 9(5) was unconstitutional.

Raus said this in allowing the appeal of the government against the acquittal of Johor PKR executive secretary R. Yuneswaran on a charge of unlawfully organising a “Blackout 505” rally in 2013. Read more