The Federal Court has ruled that it is unconstitutional to criminalise the failure to notify police five days in advance before holding a peaceful assembly.
In a unanimous decision by a five-member bench, Chief Justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 imposes a penalty that exceeds what is permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the right to freedom of speech, assembly, and association.
She described the section as “a disproportionate intervention” that effectively acts as a prohibition rather than a restriction of that right.
The ruling followed a constitutional challenge by former Muda secretary-general Amir Hadi, who was charged in 2022 for failing to provide the required five-day notice before organising a protest outside the Sogo complex in Kuala Lumpur.
The protest, held on 14 August 2022, involved about 200 participants demanding that ministers responsible for the failure of the littoral combat ship project be dismissed or held accountable.
Amir had been charged under Section 9(1) of the Act, which mandates prior police notice, and faced a penalty under Section 9(5), which carries a maximum fine of RM10,000. He later filed a constitutional challenge against Section 9(5), leading the High Court to refer the matter to the Federal Court.
Following the ruling, Tengku Maimun ordered that Amir’s ongoing criminal proceedings be returned to the High Court to be resolved in line with the Federal Court’s decision.