PUTRAJAYA, Jan 14 — The government has agreed “in policy” to amend a provision in the Peaceful Assembly Act (PAA) and may instruct the attorney general to drop its plan to seek a review of a Federal Court ruling that declared said provision unconstitutional.
Communication Minister Datuk Fahmi Fadzil told reporters here that Cabinet members had deliberated the issue at today’s Cabinet meeting, and that the decision to proceed with amending the PAA was reached last week.
“Today the Cabinet agreed to convey their decision to the AGC that because the PAA will be amended, it may no longer be appropriate for it to continue with filing a judicial review,” he said at the weekly post-Cabinet press conference here.
“This was what had been decided, and a follow-up can be expected from the attorney general.”
Last year, a five-member bench led by then-Chief Justice Tun Tengku Maimun Tuan Mat deemed Section 9(5) of the PAA unconstitutional in a unanimous ruling that was widely welcomed by civil rights groups.
Tengku Maimun said Section 9(5) of the PAA imposed 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.
The constitutional challenge to the provision was raised by activist and former Muda secretary-general Amir Hariri Abd Hadi, who had been charged with the alleged failure to notify authorities before holding a protest over the littoral combat ship issue in 2022.
Amir revealed yesterday the AGC had applied to review the ruling under Rule 137 of the Rules of the Federal Court 1995, which he criticised as a poor reflection of Prime Minister Datuk Seri Anwar Ibrahim's commitment to meaningful reform.
