The government is out to intimidate activists in Malaysia by hauling up four people to the courts over a gathering which happened shortly after last year's heated general election, the Coalition for Free and Fair Elections (Bersih) said today.

Bersih said the Sessions Court in Johor will charge the NGO's southern region vice-chairperson Thomas Fann, Koh Jit Huat, Mohd Salleh Ahmad and PKR's Steven Choong again on April 20 under the Peaceful Assembly Act (PAA) 2012.

The quartet was first charged late last month but the case was thrown out by Judge Muhammad Jamil Hassan.

He ruled that the prosecution did not properly follow the Criminal Procedure Code to summon the four accused, and also found two charges to be flawed and baseless.

Under subsections of the PAA, four of them will be faulted for gathering at a restricted area (a petrol station) and for not giving the police a 10-day notice as “organisers” of a candlelight vigil for student activist Adam Adli.

Adam, who was arrested in May last year for allegedly making a seditious speech, is now a Bersih secretariat staff.

"This case vindicates civil society’s opposition to the PAA as a law that is against the intent and spirit of Article 10 of the Federal Constitution, which guarantees every citizen the freedoms of speech, assembly and association," Bersih steering committee said in a press statement.

The courts may mete out a maximum fine of RM10,000 to each of the four if convicted.

Meanwhile, the Kuala Lumpur courts will also proceed to hear a suit against Bersih over damages to state property in the Bersih 3 “Duduk Bantah rally” on April 21.

"Added to the case against Major Zaidi Ahmad, this signals the government’s zero tolerance when it comes to voices of reason, justice and democracy," Bersih said.

"Bersih wishes to stress that as citizens of a democracy, we must not be cowed by such intimidation. Instead, we must reclaim our fundamental right to freedom of expression and assembly," it added.