Section 9(5) of the Peaceful Assembly Act (PAA) which punishes  organisers for failing to give a 10-day notice before a public  assembly, remains unconstitutional.

 

This follows the withdrawal of an appeal by prosecutors at the Federal Court against Selangor exco member Nik Nazmi Nik Ahmad who has been acquitted of violating the said law by the Court of Appeal.

 

On April 25 last year, the Court of Appeal had made a landmark decision that declared Section 9(5) as null and void and unconstitutional.

 

Nik Nazmi's lawyer Latheefa Koya told Malaysiakini the withdrawal of the appeal was made by DPP Manoj Kurup, who is also the Trial and Appeal's division head of the Attorney-General’s Chambers.

 

Court of Appeal president Justice Raus Sharif, who chaired the five-member bench struck out the appeal following the prosecution's withdrawal‎.

The other members of the bench were Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Justices Abu Samah Nordin and Zaharah Ibrahim.

Lawyer N Surendran, who is also Padang Serai MP, appeared with Latheefa in the appeal.

Earlier Nik Nazmi tweeted, " Alhamdullilah . The Federal Court has disposed of my Black 505 case after the prosecution withdrew its appeal."

"But there is still a chance (for the government) to save the PAA with (Johor PKR leader) R Yuneswaran's Black 505 case (later today)," he added.

One more shot

 

Nik Nazmi, who is also Seri Setia assemblyperson, was charged in 2013 with not giving a 10-day notice for the rally held at the Kelana Jaya stadium after the last general election.

 

However, Nik Nazmi filed an application with the Shah Alam High Court to declare Section 9(5) of the PAA unconstitutional, but he failed in his bid.

 

On appeal to the Court of Appeal, the court in its unanimous landmark decision declared Section 9(5), which punishes anyone with a fine of RM10,000 for failing to give notice of an assembly, to be unconstitutional.

 

Following this, the appellate court acquitted Nik Nazmi.

 

This decision also resulted in others who took part in the assembly and other rallies to be acquitted.

However, the effects of the decision remains to be seen later today at the Court of Appeal in Yuneswaran's hearing.