KUALA LUMPUR: The High Court here today ruled that the Magistrate’s Court’s prohibitory order barring Siti Kasim and another individual from a rally demanding Malaysian Anti-Corruption Commission (MACC) Chief Commissioner Tan Sri Azam Baki’s resignation is legal.
The rally, held on Jan 22, 2022, during the COVID-19 lockdown, was mobilised following a shareholding scandal implicating Azam.
Today, Justice Datuk Wan Ahmad Farid Wan Salleh, who dismissed the bid by Siti and her co-applicant S.Raveentharan for a judicial review over the order made in 2022, ruled that the order was issued to control or prevent the spread of the COVID-19 virus at that time.
“Thus, the order made by the Magistrate’s Court is legal and therefore, is not amenable to judicial review. Hence, this application is dismissed and no order as to cost,” said the judge.
Counsel Kee Hui Yee represented Siti while Senior Federal Counsel Nur Irmawatie Daud appeared for the inspector-general of police, the government, and two police officers.
Initially, the High Court denied leave to Siti and Raveentharan to commence the judicial review, however, in May last year, the Court of Appeal allowed the two applicants’ appeal for leave and remitted the action to the High Court for a hearing of the judicial review’s merits.
Siti and Raveentharan sought general, aggravated, or exemplary damages over the alleged violation of their fundamental rights to freedom of movement, speech, and assembly.
Siti also sought compensation over her alleged humiliation and mental anguish, as well as purported severe leg cramps.
