Gobind: AG should support amendments instead of reviewing Federal Court’s Peaceful Assembly Act ruling

KUALA LUMPUR: A Malaysian minister has called upon the Attorney General, Tan Sri Mohd Dusuki Mokhtar, to seriously reconsider an application filed to review a Federal Court decision in the case of Amir Hariri Abdul Hadi.

Digital Minister Gobind Singh Deo, who also serves as DAP national chairman, noted that the landmark ruling by the apex court declared Section 9(5) of the Peaceful Assembly Act (PAA) 2012 unconstitutional.

Last July, the Federal Court had in the case involving Malaysian United Democratic Alliance’s (Muda) former secretary-general Amir Hariri, ruled that Section 9(5) of the Act is unconstitutional. The court found that the section violated Article 10 of the Federal Constitution, which guarantees fundamental liberties—specifically the freedom of speech, association, and peaceful assembly in Malaysia.

However, it was recently reported that the Attorney-General’s Chambers had sought a judicial review of the Federal Court’s decision.

“The Court found that Section 9(5) of the Act violated Article 10 of the Federal Constitution, which guarantees fundamental liberties — namely the freedoms of speech, association, and peaceful assembly,” Gobind said.

“Pakatan Harapan has consistently raised concerns regarding the PAA and called for its reform. Following the Federal Court’s ruling, the Madani Government has proactively taken steps to suggest improvements to the Act.”

He added that the proposed amendments extend beyond Section 9(5) to address other parts of the legislation, forming an integral part of Putrajaya’s ongoing reform agenda.

“While I acknowledge that the Attorney General and his team have worked hard to support the government’s legislative reform initiatives thus far, I am concerned that a review of this judicial decision would delay the progress of amending the Act until such proceedings are concluded.

“Furthermore, the application for review would not permit us to look beyond the specific matters raised in that application. This would limit the broader, necessary reforms to the Act that could otherwise be achieved through parliamentary amendments.”

The matter was raised and discussed during a Cabinet meeting yesterday.

“The government is committed to institutional and legislative reforms that uphold the rule of law and democratic space. Last week, the Prime Minister announced reforms including limiting the PM’s tenure to two terms, separating the roles of the AG and Public Prosecutor, introducing a Freedom of Information Act, and creating an Ombudsman. Amendments to several other pieces of legislation are also underway in line with the government’s reform agenda.

“As such, given that efforts are already being made to amend the Peaceful Assembly Act, we should take this opportunity to revisit and improve the provisions of the Act through Parliament, instead of pursuing further litigation by way of a review,” Gobind added.

On Jan 13, former Bersih activist Mandeep Singh urged the authorities to withdraw its application to review the ruling. Mandeep reminded Prime Minister Datuk Seri Anwar Ibrahim that he himself was once charged under the PAA for exercising his right to assemble.

PKR Youth, however, defended the move by the Attorney-General’s Chambers. Its legal and public complaints bureau chief, Khairul Naim Rafidi said that the application should not be perceived as an effort to restart a prosecution or as government interference.