The Court of Appeal ruling that rally organisers can be punished for not giving a 10-days’ rally notice to the police, will lead to further persecution and prosecution, human rights NGO Suaram said.

"Suaram has no doubt that the persecution and prosecution of the brave individuals who sacrificed much for Malaysia would resume at a brisk pace.

"With this in mind, Suaram implores the Federal Court to put an official end to this farce and ensure that Malaysians would enjoy the freedom to assemble to the full extent as guaranteed by the Federal Constitution," Suaram executive director Sevan Doraisamy said in a statement today.

Electoral watchdog Bersih also expressed similar concerns, saying the new ruling will open the door for the authorities to go after rally organisers.

"Will Bersih - as the organisers of the peaceful Bersih 4 rally - be dragged to court soon?" they asked.

They also asked if there were external factors which pushed the Appeals Court into making this “u-turn".

The Court of Appeal yesterday unanimously ruled that Section 9(5) of the Peaceful Assembly Act (PAA) which criminalises failure to give notice as ' constitutional '.

The court also upheld the Johor Baru Sessions Court decision to fine Johor PKR executive secretary R Yuneswaran RM6,000 for failing to give notice to the police prior to holding the Blackout 505 rally in Johor, or face three months’ imprisonment in default.

Yesterday's decision was a departure from the landmark decision made by the same court that declared Section 9(5) as null and void, and unconstitutional.

The provision imposes a fine of up to RM10,000 to rally organisers if they fail to provide the police with a 10-day notice, as stipulated under Section 9(1) of the same Act.