Two differing judgments on notice of assembly in one day


Tarani Palani,

Two courts gave differing decisions on charges under Section 9(1) of the Peaceful Assembly Act (PAA) 2012 today when dealing with the organisers of two rallies in Kuala Lumpur and Ipoh.

Following the Appeal Court’s landmark decision on Friday affirming freedom of assembly as a right enshrined in the Federal Constitution, the Kuala Lumpur Session’s Court today discharged Solidariti Anak Muda Malaysia (SAMM) President Badrul Hisham Shaharin @ Chegubard and two others for failing to provide ten days’ notice to the police for the 2013 New Year’s Eve “Turun” rally.

Speaking to, Melissa Sasidaran who acted as counsel for all three charged said that they were given a discharge not amounting to an acquittal by the KL Sessions Court Judge Azman Mustapha today.

Judge Azman allowed them to be discharged despite Deputy Public Prosecutor Malini Anne’s argument that there will be an appeal against the Appeal Court’s rulling last Friday and subsequently asked for Badrul Hisham’s matter to be kept aside for about three months pending the outcome of that appeal.

Badrul Hisham together with Edy Nor Reduan and Mohamed Bukhairy Mohamed Sofian were charged under Section 9(1) of the Peaceful Assembly Act (PAA) 2012 for failure to notify the police chief of the Dang Wangi district police station 10 days before the assembly.

The assembly was to protest against the increase in the prices of goods and the Goods and Services Tax (GST). All three pleaded not guilty and claimed trial.