Member of Parliament challenges the constitutionality of Section 9(1) of the Peaceful Assembly Act 2012

On 14.10.2016, Thomas Su the MP for Ipoh Timur was charged under Section 9(1) and punishable under Section 9(5) of Peaceful Assembly Act 2012.

Thomas Su was charged for the same offence in 2013 and subsequently the prosecution withdraw the charge.

Now, since the Government has a lot of free time and a lot of resources to dispense with, they decided to charge Thomas Su for the same offence again.

After perusing the charge, the Peaceful Assembly Act 2012 and our Federal Constitution we are of the opinion that particularly Section 9(1) and Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional. Thus, we have filed an application pursuant to Section 30 of the Courts of Judicature Act 1964 to refer the constitutionality of this section to the High Court and subsequently to the Federal Court pursuant to Section 84 Courts of Judicature Act 1964.

There are two conflicting decisions in the Court of Appeal, wherein in one case it was held that the particular sections are constitutional whereas in the another case it was held that the particular sections are unconstitutional.

Our Government has also pledged to the United Nation Human Rights Council that our Government believe is strongly in upholding freedom of assembly but in reality, they do not adhere with it.

The Court has thus fixed a mention date on 04.07.2017 for the Attorney General's Chambers to file their Affidavit-In-Reply for the abovesaid application. 




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