PETALING JAYA: The Federal Court in Putrajaya has declared Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional, ruling that criminalising the failure to notify police five days before a peaceful assembly violates fundamental rights.
Chief Justice Tun Tengku Maimun Tuan Mat, leading a five-member panel, stated the provision imposes disproportionate penalties, effectively prohibiting rather than regulating the right to assemble.
According to FMT, the court found the law exceeded constitutional limits under Article 10(1)(b), which safeguards freedom of speech and assembly.
The case originated from charges against former Muda secretary-general Amir Hadi, who organised a 2022 protest outside Kuala Lumpur’s Sogo complex without prior notice. The demonstration, attended by 200 people, demanded accountability over the delayed littoral combat ship project.
Amir faced a RM10,000 fine under Section 9(5) but challenged its constitutionality. The High Court referred the matter to the Federal Court, which has now nullified the penalty clause.
As such Tengku Maimun ordered Amir’s case to return to the High Court for dismissal in line with the ruling. Legal experts say the decision reinforces constitutional protections while limiting excessive state control over public gatherings.
