Karpal Singh: Peaceful Assembly Act ultra-vires to Federal Constitution
(Bernama) – Lawyer Karpal Singh, acting for applicant Datuk Seri Anwar Ibrahim, told the High Court here Friday that the Peaceful Assembly Act 2012 had completely prohibited the right to assemble, by way of street protest.
The senior lawyer said the provision under Section 4(1)(c) was not intended to “restrict” but more to “prohibit” the right to assemble.
“Any street protest, actually, was a moving assembly and the Act should not completely prohibit it,” contended Karpal by pointing out on the provision of Section 4(1)(c) of the Act, which he argued, was inconsistent and contravened with the provision of Article 10 (1)(b) of the Federal Constitution.
He said the Act defined a street protest as an assembly that was in movement.
“Even Article 10(1)(b) clearly stated that all citizens have the right to assemble peaceably, without arms,” he noted.
He further submitted that the word, ‘restriction’, should be interpreted as reasonable restriction as stated in Article 10, and the constitution was the supreme law of the country.
“Any law passed after Merdeka Day, which is inconsistent with the constitution, should be declared void,” said Karpal, who urged Justice Kamardin Kashim to allow Anwar’s application with costs.
Kamardin set Nov 30, for respondent (prosecution) to reply to the applicant’s submission Friday.
In a related development, Anwar’s co-counsel, Ram Karpal Singh, said if the court ruled in Anwar’s favour, one of the charges under the Peaceful Assembly Act would be dropped, leaving only two charges still pending at the Sessions Court.
Anwar, 64, together with Parti Keadilan Rakyat (PKR) deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin (third accused), 34, were charged last May 22, with taking part in street demonstrations which allegedly led to chaos in the city.
The three also faced a second charge of conniving with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim, by inciting them to remove steel barricades at Jalan Raja here on the same day.
They are the first to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which carries a fine of up to RM10,000, upon conviction.
Last July 2, the trio were charged with conspiring with Tangam, Rajesh, Farhan and five or more supporters of ‘Gabungan Pilihan Raya Bersih dan Adil (Bersih 3.0)’ to defy a magistrate’s court order dated April 26, against holding a rally at Dataran Merdeka from April 28 until May 1, this year.
