Ratu Naga seeks to invalidate peaceful assembly provision
Political activist Syarul Ema Rena Abu Samah has turned to the civil court to strike down Section 9(5) of the Peaceful Assembly Act 2012 which requires a gathering organiser to give a 10-day prior notice to the police.
The political activist, better known as Ratu Naga, filed the originating summons - which targeted the federal government as the sole defendant - at the Kuala Lumpur High Court on Nov 8.
According to the cause papers...
Political activist Syarul Ema Rena Abu Samah has turned to the civil court to strike down Section 9(5) of the Peaceful Assembly Act 2012 which requires a gathering organiser to give a 10-day prior notice to the police.
The political activist, better known as Ratu Naga, filed the originating summons - which targeted the federal government as the sole defendant - at the Kuala Lumpur High Court on Nov 8.
According to the cause papers filed by law firm Daim & Gamany, the plaintiff decided to file the lawsuit following the police recording of her statement on Sept 19.
Syarul Ema claimed that the statement recording was over a public assembly that took place three days earlier in Kuala Lumpur.
She noted that the police were recording her statement as part of an investigation under Section 9(5), which she claimed was invalid and unenforceable.
She alleged this was due to the 2014 Court of Appeal case of Nik Nazmi Nik Ahmad vs Prosecution which struck down the provision as void and invalid.
“The plaintiff filed this originating summons to protect herself against the risk of any adverse consequences that could be pursued by the defendant and/or their employees and/or servant and/or agents pursuant to Section 9(5) of the Peaceful Assembly Act 2012, which is no longer valid law,” the 43-year-old contended in the court papers.
Syarul Ema (above) claimed that the Court of Appeal precedent on the provision was never overturned by the Federal Court as prosecutors in the Nik Nazmi case had withdrawn their appeal at the apex court on May 12, 2015.
Conflicting ruling
When reached out by Malaysiakini this afternoon, the plaintiff's counsel Shahid Adli Kamarudin confirmed that the copies of the lawsuit have been served on the government.
Malaysiakini has reached out to the Attorney-General’s Chambers - the government’s legal representative - for a response over the matter.
On April 25, 2014, the Court of Appeal allowed an appeal by Nik Nazmi, who was the Selangor state assembly deputy speaker then, ruling that Section 9(5) - which punishes those who do not give 10 days' notice to the police before holding an assembly - to be unconstitutional.
However, it should be noted that later on Oct 1, 2015, the appellate court gave a conflicting ruling that upheld the constitutionality of the same provision.
This appeal was by the government against the acquittal of Johor PKR executive secretary R Yuneswaran of holding an unlawful assembly linked to the 2013 Blackout 505 rally.
The media previously reported that on Sept 19 this year, the police had recorded the statements of Syarul Ema and 15 other individuals over a public gathering in the nation’s capital three days earlier.
