©The Star (Used by permission)
by QISHIN TARIQ
PUTRAJAYA: The Court of Appeal’s landmark decision – that it is unconstitutional to make it an offence not to give the police 10 days’ notice of a gathering under the Peaceful Assembly Act 2012 – stands.
Yesterday, the Federal Court struck out the Attorney–General’s Chambers (AGC) appeal against the Court of Appeal’s decision last year that the charge levelled against PKR lawmaker Nik Nazmi Nik Ahmad under the Act was unconstitutional.
The panel did this after deputy public prosecutor Manoj Kurup, head of Appellate and Trial Division at AGC, applied to withdraw the appeal.
The Federal Court coram comprised Court of Appeal president Justice Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Justices Abu Samah Nordin and Zaharah Ibrahim.
Citing case law, DPP Manoj told the panel a matter could only be brought up twice from the originating trial court.
As Nik Nazmi’s case started in the Kuala Lumpur Sessions Court, the Court of Appeal would be the apex court in this case.
On May 17, 2013, Nik Nazmi was charged with violating the 10–day notice requirement to inform the police of the Black 505 rally, held at the Kelana Jaya Stadium nine days earlier.
On Nov 1, the Shah Alam High Court dismissed his application to strike out the charge, saying the notice was constitutional. However, five months later, the Court of Appeal reversed that position and declared Section 9(5) of the Act null and void as it was unconstitutional to criminalise the fundamental right to gather.
Nik Nazmi said he was relieved by the decision as it did not just affect him but any other person who took part in an assembly.
His lawyer N. Surendren said the AGC’s withdrawal of the appeal put to rest any doubt about the permanence of the Court of Appeal declaration.
“Now people are free to gather without submitting a 10–day notice. This will affect the way future assemblies are managed," claimed Nik Nazmi, who is Seri Setia assemblyman.