Activist slams PM after AGC applies to review ruling voiding PAA section

Mandiri executive director Amir Hariri Abd Hadi questioned Prime Minister Anwar Ibrahim’s commitment to reform after the Attorney-General’s Chambers filed a review of the Federal Court’s declaration that a provision of the Peaceful Assembly Act (PAA) 2012 was unconstitutional.

The former Muda secretary-general said in a statement today that Anwar should stop pretending to care about reforms and imprison protesting activists straightaway, if that is what the premier wants.

“The AGC’s decision to submit this review is not only a betrayal of the long struggle for reform, but is proof that the promises of reform that have been chanted for so long are nothing but false slogans to gain power,” Amir asserted.

He laid the blame for the decision directly at Anwar's feet, as the AGC falls under the Prime Minister’s Department.

He explained that the AGC had submitted an application for a review under Rule 137 of the Rules of the Federal Court 1995, which states that the top court may review past decisions to prevent any injustice or abuse of process.

Amir added that the AGC had further requested that the prosecution against him under the PAA be revived.

He told Malaysiakini that he received a notice regarding the matter from AGC in December.

“It looks like (the AGC) will proceed (with the application),” he added.

PAA provision declared unconstitutional

In July last year, a five-member bench led by then-chief justice Tengku Maimun Tuan Mat delivered a unanimous ruling deeming Section 9(5) of the PAA unconstitutional.

Tengku Maimun said Section 9(5) of the PAA imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.

The challenge was brought by Amir, who had been charged with the alleged failure to notify authorities before holding a protest over the littoral combat ship issue in 2022.

Regarding Amir’s criminal proceedings, Tengku Maimun directed that they be remitted to the High Court and disposed of in line with the Federal Court’s judgment.

The following month, magistrate Farah Nabihah Muhamad Dan acquitted Amir of all charges after the deputy public prosecutor informed the court that they had no intention to charge Amir again in the future.

She also ordered Amir’s bail to be returned to him in full.

On Aug 8, 2024, the Kuala Lumpur High Court allowed Amir’s bid for the Federal Court to hear his challenge against the PAA provision.

On Aug 26, 2022, before the Kuala Lumpur Magistrate’s Court, he claimed trial to the charge of failing to notify the Dang Wangi police five days before holding the “Where is the littoral combat ship?” protest.

The public gathering was held in front of Sogo at Jalan Tuanku Abdul Rahman at 2pm on Aug 14, the same year.

The criminal charge was punishable with a maximum fine of RM10,000.

Before the judgment, the government reduced an initial 10-day notice requirement under the section to five days.

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