Member of Parliament challenge the constitutionality of Section 9(1) of Peaceful Assembly Act 2012
On 14.10.2016, Thomas Su the MP for Ipoh Timur was charged under Section 9(1) and punishable under Section 9(5) of Peaceful Assembly Act 2012. The maximum fine under this section is RM10,000. If found guilty and fined more than RM two Thousand (2000.00) he will be disqualified as a Member of Parliament.
Thomas Su was charged for the same offence in 2013 and subsequently the prosecution withdraw the charge. Late last year he was recharged for the same offence.
After perusing the charge, the Peaceful Assembly Act 2012 and our Federal Constitution we are of the opinion that particularly Section 9(1) and Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional. Thus, we have filed an application pursuant to Section 30 of the Courts of Judicature Act 1964 to refer the constitutionality of this section to the High Court and subsequently to the Federal Court pursuant to Section 84 Courts of Judicature Act 1964.
There are two conflicting decisions in the Court of Appeal, Public Prosecutor v. Yuneswaran [2015] 9 C.L.J. 873 and Nik Nazmi bin Nik Ahmad v Public Prosecutor [2014] 4 M.L.J 157 wherein in the former it was held that the particular sections are constitutional whereas in the latter it was held that the particular sections are unconstitutional.
Our Government has also pledged to the United Nation Human Rights Council that our Government believe is strongly in upholding freedom of assembly but in reality, they do not adhere with it.
The AG was represented by DPP Muhammad Fauzi bin Md Yusof and was presided by Sessions Judge Sessions Judge- NORASHIMA BINTI KHALID
The case was adjourned to allow the AG to file the necessary affidavit in reply before the case is fixed for Hearing proper.
The lawyers whom assisted in this case today were M. Kula Segaran, N. Selvam, Miss P.Kala Malar and A. Vemal.
M. Kula Segaran
MP for Ipoh Barat
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