The attorney-general (AG) should drop the charges against Bersih members for allegedly violating the Peaceful Assembly Act 2012 (PAA) following the Court of Appeal's acquittal of Selangor assembly deputy speaker Nik Nazmi Nik Ahmad.

Bersih in a statement today said the Appeals Court decision that Section 9(5) of the PAA is unconstitutional should prompt the AG to drop charges against Bersih leader Thomas Fann ( left ) and three others.

"Even though Fann, along with Koh Jit Huat, Mohd Salleh Ahmad and Steven Choong are being charged under a different section, namely Section 9(1) that requires the organisers of a rally to give 10-day notice, however, seeing that the Court of Appeal has ruled that to penalise organisers ... is unconstitutional, then are the conditions - and section - still relevant?" Bersih's steering committee asked in a joint statement today.

The coalition urged the authorities to adhere to the ruling that "an act that is valid - that is peaceful assembly - cannot be punished as a crime".

'Review the Act'

It also called on Parliament to review the PAA on this grounds and as well as to rename the Act.

“It should be called the Public Assembly Act as the basic assumption is that the right to assemble is a right to a peaceful activity and thus need not be stated explicitly,” it said.

The NGO added that prevailing provisions in existing laws, like the Police Act, are enough to deal with safety and public order issues surrounding a public rally.

A three-member Court of Appeal panel last month found that Section 9(5) of the PAA unconstitutional as it criminalises the organiser's failure to give 10-day notice for a gathering.

The panel comprised of Justice Mohd Ariff Mohd Yusof, Justice Hamid Sultan Abu Backer and Justice Mah Weng Kwai.

In his judgement, Mah said this amounted to an effective prohibition on urgent and spontaneous assemblies.

He said that this violates Article 10(2)(b) of the federal constitution which allows for peaceful assembly.

He also said that any breach to public order or disruption of business can be dealt with by enforcement agencies under existing laws like the Road Transport Act 1987 and the Penal Code.