Gobind urges AG to rethink PAA review, warns it could stall reforms

DAP chairperson Gobind Singh has urged Attorney-General Dusuki Mokhtar to give serious consideration to the application seeking a review of the Federal Court’s decision in the case of Mandiri executive director Amir Hariri Abdul Hadi.

He emphasised that Pakatan Harapan has long advocated for reforms to the Peaceful Assembly Act (PAA) and noted that, following the apex court’s ruling, the Madani government has proactively taken steps to propose improvements to the legislation.

“While I acknowledge the attorney-general and his team have worked hard to support the government’s legislative reform initiatives thus far, I am concerned that a review of this judicial decision would delay the progress of amending the Act until such proceedings are concluded,” he cautioned in a statement.

Gobind (above, left), who also serves as digital minister, added that the review application would constrain the government’s ability to address broader reforms, limiting changes to only the issues raised in the application - reforms that could otherwise be implemented through Parliament.

He noted that the matter was discussed at the cabinet meeting yesterday.

“The Madani government is committed to institutional and legislative reforms that uphold the rule of law and democratic space.

“The prime minister announced last week reforms which include the limiting of the tenure of the prime minister to two terms, separating the roles of AG and public prosecutor, introducing a Freedom of Information Act and creating the ombudsman. Amendments to several other pieces of legislation are also underway in line with the government's agenda of reform.

“As such, given that efforts are already underway to amend the PAA, we should take this opportunity to revisit and improve the provisions of the Act through Parliament instead of pursuing further litigation by way of review,” he added.

Unanimous ruling

On Tuesday, Amir 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 PAA was 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.

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