Order barring 'Tangkap Azam Baki' rally was valid, judge rules

The Kuala Lumpur Magistrate Court order that barred a 2022 rally demanding MACC chief commissioner Azam Baki’s resignation was valid.

The Kuala Lumpur High Court this afternoon ruled that the lower court order was in line with laws to curb the spread of Covid-19 then.

Lawyer Siti Kasim and co-applicant S Raveentheran were challenging the validity of the order that barred the rally from being held at Dataran Merdeka, Sogo, and Majid Jamek in Kuala Lumpur.

High Court judge Wan Ahmad Farid Wan Salleh said today that the magistrate order, issued two days before the rally, was valid for being in line with the Prevention and Control of Infectious Diseases Act 1988.

He ruled that the constitutional right of freedom to assembly is subject to other prevailing laws, such as laws meant to deter the spread of the pandemic.

“The prohibition order is legal and not amenable to judicial review. Therefore, this judicial review is dismissed,” Farid said, making no order as to costs.

Alleged violation of freedoms

Through a judicial review, Siti and Raveentharan sought general, aggravated, or exemplary damages over the alleged violation of their freedom of movement, speech, and assembly.

Siti also sought compensation over her alleged humiliation and mental anguish, as well as purported severe leg cramps.

The outspoken activist said she reserved a room at a hotel along Lorong Medan Tuanku in Kuala Lumpur the night before the rally, which was to be held at Dataran Merdeka, Sogo, and Masjid Jamek.

However, she said she suffered leg cramps from walking to the rally’s new venue, which was held in Bangsar.

Siti alleged that she could not drive to Bangsar as the roads were subject to police closure due to the rally, forcing her to walk to the new venue.

She also claimed that police officers at a roadblock prevented her from taking the shortest route to walk to Bangsar, leading to severe leg cramps.

Counsel Kee Hui Yee acted for Siti and Raveentheran.

Senior federal counsel Nur Irmawatie Daud appeared for the respondents, namely the inspector-general of police, two police officers, and the federal government.

Shares scandal

The “Tangkap Azam Baki” rally, held during the Covid-19 lockdown, was mobilised following allegations of Azam owning shares in two companies.

The shareholding raised conflict of interest concerns and questions on whether it was commensurate with his income as a public servant.

He owned between one to two million shares in Gets Global Bhd between April 2015 and March 2016, worth between RM340,000 to RM772,000.

He also held 2,156,000 warrants in Excel Force MSC Berhad in March 2016. At the time, he was the head of MACC’s investigation division.

However, in a press conference on Jan 5, 2022, Azam said he did not do anything wrong as the shares were bought by his brother using his name, which triggered an investigation by the Securities Commission that ultimately cleared him of proxy trading offences.

Magistrate's order barring Siti Kasim from 2022 rally illegal, court hears