The Peaceful Assembly Act (PAA), which bars street protests, does not violate the constitutional right of the people and those who engage in street protests can be charged, the High Court in Kuala Lumpur ruled today.

NONEJudge Kamardin Hashim, in dismissing opposition leader Anwar Ibrahim's application to strike out his Bersih 3.0 charges against him under Section 4(1)(c) and 4 (2)(c) of the PAA, said this law does not contravene Article 10 (1) (b) of the federal constitution on freedom of assembly.

"The court notes that having or allowing street protests will transgress the rights and freedom of other persons, which is defined under Section 3 of the Act, which include:
  • The right to peaceful enjoyment of one's possessions;
  • The right to freedom of movement;
  • The right to enjoy the national environment; and
  • The right to carry out businesses.

"After careful consideration of what has been said by both sides, I hold the view that Section 4(1)(c) and 4 (2)(c) neither violates nor contravenes Article 10 of the federal constitution and therefore are not null and void under Article 4 (1) thereof.

"Hence, for the abovementioned reasons, my answer to the above is in the negative," Justice Kamardin ruled.

‘Parliament has right to enact laws’

Justice Kamardin said he holds the view that the Parliament had the right to enact laws to regulate human rights such as the rights to organise and participate in a peaceful assembly.

“At the same time it (Parliament) can impose certain restrictions in the interests of the security of the federation or public order. Parliament, in enacting the impugned provisions banning street protests, is within the ambit of powers conferred to it under that clause (2) (b) of Article 10 thereof.

“I believe that street protests or demonstrations are also not allowed in other jurisdictions. Banning street protests as one of the forms of peaceful assembly without arms is necessary in a democratic society for the protection of morals and the rights and freedom of others.”

He said rights cannot be absolute as they have to be balanced against one another.

“This process of balancing entails the necessity of placing limits on the extent to which these rights are equipped,” he said.

The PKR de facto leader is seeking to set aside the two PAA charges levelled against him and two others based on the argument that the rule to bar street demonstrations is unlawful and the contentious section should be declared null and void.

NONEAnwar, 64, along with PKR deputy president Mohamed Azmin Ali, 48, and Rembau PKR branch chief Badrul Hisham Shaharin, 34, are charged with participating in a Bersih 3.0 street protest on April 28, last year.

The trio also face a second charge of conniving with Tangam Raju, Rajesh Kumar Gejinder and Farhan Ibrahim by inciting them to remove iron barricades at Jalan Raja in Kuala Lumpur on the same day.

They are the first individuals to be charged under Section 4(2)(c) of the Peaceful Assembly Act 2012, which provides for a maximum fine of RM10,000 upon conviction.

Veteran lawyer Karpal Singh, for Anwar, has indicated that he will file an appeal to this decision on Monday. Head of prosecution of the Attorney-General’s Chambers, Abdul Wahab Mohamed, led the prosecuting team.