Police cannot take action against individuals who organise ceramah (political talks) in private residences, the Johor Bahru High Court ruled today.

Justice Gengadharan Nair made the ruling in allowing an appeal by PAS Johor information chief Dzulkifly Ahmad to set aside his conviction by the magistrate's court for holding a ceramah without a police permit at his residence at Taman Teratai in Skudai, Johor four years ago.

Justice Nair also ordered that the fine of RM3,000 paid by Dzulkifly for the charge under Section 27(5)(a) of the Police Act, be returned to him.

Dzulkifly's lawyer Mohamed Hanipa Maidin told malaysiakini that the landmark decision legalises PAS' contention that members of the public need not seek a police permit to hold ceramah in their private residences.

"This judgement proves that our reading of the statute had always been right and that the police were wrong to demand that we apply for permits for ceramah in private residence. We hope that the police will respect and honour the court's decision," he said when contacted.

He added that the decision was a welcome precedent considering that several PAS leaders, including its central committee member Mohamad Sabu, are facing similar charges in other states.

"I have requested the judge to prepare a written judgment for our future guidance in handling such cases. I hope the judgment will be ready soon," he said.

No evidence

Elaborating on the judgment, Hanipa said that Justice Nair was of the opinion that the magistrate's court should not have called for Dzulkifly's defence at all as the ceramah he had organised was held within the compound of a private house.

"He (the judge) also held that although the voice (of the speaker) travels outside the private residence through speakers, my client was not liable for any offence," he said.

"As to the presence of people outside the house, the judge ruled there was no evidence to show that those people were invited by Dzulkifly," he added.

PAS Johor leaders and supporters have welcomed the decision and expressed hope that the hassles they had been facing in organising ceramah throughout the state would now cease.

Despite facing restraints set by various government bodies, opposition PAS continued to rely on its ceramah as a tool to convey its agenda to the public in the run up to the just concluded 11 th general election.

PAS' media reach is currently limited to its bi-monthly party organ Harakah and its website.