KUALA LUMPUR, July 1— The Federal Court’s decision to strike down a controversial section of the Peaceful Assembly Act offers the Malaysian government a critical chance to reaffirm its democratic commitments, said rights group Suaram today.
The apex court ruled that Section 9(5), which penalised organisers for failing to give prior notice of assemblies, violates constitutional protections under Article 10(1)(b).
Suaram said the ruling challenges years of repressive enforcement and state overreach that treated peaceful protests as criminal acts.
It noted that the clause had been used as a political tool, with cases like Fadhil Kasim’s highlighting how it was deployed to stifle dissent.
The group said the court’s decision obliges the state to actively support, rather than obstruct, citizens exercising their right to protest.
“To this end, we call on the government to honour this landmark decision by immediately imposing a moratorium on the use of Section 9(5) and ensuring its full repeal in the upcoming PAA amendments slated for October this year,” it said in a statement.
It further urged Parliament to take this opportunity to strengthen participatory democracy by embedding protections for urgent and spontaneous assemblies into law.
The group also pushed for the police to incorporate new, rights-based protocols into their training programmes, as previously agreed with Suhakam.
Suaram reminded authorities that Malaysia had accepted international recommendations to improve assembly rights during its last Universal Periodic Review.
This morning, a five-judge panel at the Federal Court unanimously ruled the provision requiring five days’ notice to the police prior to public rallies to be unconstitutional.
