The magistrates’ court here today acquitted activist and former Muda secretary-general Amir Hadi of failing to notify the police five days in advance of organising a rally in 2022.
Magistrate Farah Nabihah Muhamad Dan granted the acquittal after being informed that Section 9(5) of the Peaceful Assembly Act, the provision under which Amir faced punishment, was struck down by the Federal Court last month.
The apex court unanimously ruled that it was unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly.
It also held that the provision was “a disproportionate intervention” and amounted to a prohibition rather than a restriction of that right.
Deputy public prosecutor Anis Wahidah Mohamad told the court there were no instructions to recharge Amir, who was represented by lawyer Rajsurian Pillai.
Speaking to reporters later, Amir said he was awaiting government engagement with NGOs and other stakeholders on proposed amendments to the Peaceful Assembly Act.
On Aug 14, 2022, a gathering of about 200 people called for the ministers responsible for the failure of the littoral combat ship project to be sacked or brought to justice.
Amir was charged under Section 9(1) of the Peaceful Assembly Act, which requires prior notice to the police, and faced punishment under Section 9(5), which carries a maximum fine of RM10,000.
He later filed a constitutional challenge to Section 9(5) of the Act, and the High Court referred the question to the Federal Court.
