PETALING JAYA: PAS has called on the government to review the Peaceful Assembly Act 2012 after the Federal Court’s ruling yesterday that it is unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly.
In a statement, PAS secretary-general Takiyuddin Hassan said the ruling by a five-member Federal Court panel chaired by outgoing Chief Justice Tengku Maimun Tuan Mat would give Malaysians more confidence that their voices can be heard without the threat of prosecution.
“PAS also believes that this decision will further strengthen public confidence in the freedom of expression and assembly as key hallmarks of a mature and civilised democratic nation,” said Takiyuddin.
“PAS urges the government to comprehensively review the Peaceful Assembly Act so that it truly reflects the spirit of the Federal Constitution and the universal principles of human rights, especially in light of this historic decision.”
Takiyuddin also urged the government to review or abolish legal provisions that could be misused to suppress freedom of expression, including the Sedition Act 1948, the Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984.
The Kota Bharu MP said this was consistent with Pakatan Harapan’s election promises outlined in its 15th general election manifesto.
Yesterday, Tengku Maimun said Section 9(5) of the Peaceful Assembly Act imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.
Tengku Maimun, who delivered the unanimous decision of the five-member Federal Court panel, also said the section was “a disproportionate intervention”.
The decision stemmed from a constitutional challenge brought by former Muda secretary-general Amir Hadi, who was charged in 2022 with failing to give the police five days’ notice before organising a protest outside the Sogo shopping complex in Kuala Lumpur.
Home minister Saifuddin Nasution Ismail said the government would table an amendment to Section 11 of the Peaceful Assembly Act in the upcoming parliamentary sitting following the Federal Court’s ruling.
Section 11 of the Peaceful Assembly Act requires organisers of assemblies to obtain the consent of the location’s owner or occupier.
