Stay order granted for 6 while waiting for Federal Court decision
(The Sun Daily) – The High Court granted a stay order on the case of six men who were charged under the Peaceful Assembly Act 2012 (PAA) for alleged involvement in the “Blackout 505” rally, pending the Federal Court’s decision on the validity of the act.
Judge Amelia Tee Hong Geok Abdullah granted the stay order and fixed July 16, 2014 for mention.
Muhamad Safwan Anang@Talib, Ekhsan Bukharee Badarul Hisham, Adam Adli Abd Halim and Mohamed Bukhairy Mohamed Sofian were charged with participating in the rally at Padang Merbok on June 22, 2013.
They were charged under section 9 (5) of the the act. Two others: Mohd Rafizi Ramli and Mohd Adib Ishar also faced charges in relation to the rally, under the same act.
The prosecution had applied for the decision, which would be delivered on June 25, 2014, for the case to be stayed pending decision on Seri Setia State assemblyman Nik Nazmi Nik Ahmad’s case in the Federal Court.
On April 25, the Court of Appeal ruled to strike out the charge against Nik Nazmi and ruled that Section 9 (5), which provides for punishment for failure to give a 10-day notice to the authorities before a protest – is unconstitutional.
It ruled that the police could impose restrictions on such rallies but not punish organisers by prosecuting them for failing to comply with the 10-day notice requirement.
Section 9 (1) of the PAA was constitutional on the 10-day notice requirement to the police but criminalising for failure to do so under Section 9 (5) was unconstitutional as the rally on May 8 turned out to be very peaceful.
In a landmark decision, a three-man bench headed by Datuk Mohd Ariff Mohd Yusof said Section 9 (5) of the Peaceful Assembly Act (PAA) 2012 was unconstitutional since the provision was ultra vires to Article 10 of the Federal Constitution, which guaranteed peaceful gatherings.
The Attorney-General had appealed against the Court of Appeal’s decision at the Federal Court, which is expected to deliver its decision on July 9, 2014.
