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AGC withdraws bid to review court’s Peaceful Assembly Act ruling

The Attorney-General’s Chambers has dropped its application to review the Federal Court decision that struck down a key PAA provision as unconstitutional.

PUTRAJAYA: The Attorney-General’s Chambers has withdrawn its application to review the Federal Court’s ruling that declared Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional.

The provision had imposed penalties on organisers who failed to give police five days’ prior notice before holding an assembly.

In a notice signed by deputy public prosecutor Datuk Seri Saiful Edris Zainuddin, the AGC stated it was discontinuing the review application filed on December 12 last year.

In July 2024, a five-member Federal Court bench unanimously struck down Section 9(5), which allowed for fines of up to RM10,000.

Former Chief Justice Tun Tengku Maimun Tuan Mat ruled the section violated the right to peaceful assembly under Article 10(1)(b) of the Federal Constitution.

The ruling stemmed from a challenge by former MUDA secretary-general Amir Hariri Abd Hadi.

He was charged in 2022 for failing to notify police before organising a rally protesting the littoral combat ship project acquisition.

Amir Hariri claimed trial and was acquitted last year following the Federal Court’s decision.

One of his lawyers confirmed the AGC had discontinued its review application.

Separately, Communications Minister Datuk Fahmi Fadzil said the Cabinet agreed in principle to amend the Peaceful Assembly Act.

The government will convey its position to the AGC.

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