Nik Nazmi’s Case: Peaceful Assembly Act Should be Challenged


SHAH ALAM, 21 May: The Abolish ISA Movement supports the Seri Setia Assemblyman, Nik Nazmi Nik Ahmad’s move to challenge the Peaceful Assembly Act 2012 (PAA) at the High Court.

The Chairman, Syed Ibrahim Syed Noh said that the move is necessary because there is a provision in the act that tries to limit Article 10 of the Constitution which guarantees the right of citizens to assemble peacefully.

“In terms of peaceful assembly, before the Act was enacted, there were many questions that arose.

“Which is whether it provides a facility for the people to hold peaceful assemblies or whether it makes it more difficult.

“The question of peaceful assembly is actually in line with Article 10 of the Constitution which states that the people really do have the right to assemble. But in terms of mechanism, it is left out.”

PAA is a law regulating peaceful demonstrations in Malaysia.

PPA replaces Section 27 of the Police Act and demands that organisers must submit a notice to the police 10 days prior to the date of the assembly.

The notice will then be answered within five days, notifying the limitations and conditions imposed on the rally.

The PAA was criticised because it allows authorities to combat organised peaceful assemblies and not to defend the right to peaceful demonstrations guaranteed by Article 10 of the Constitution.

Last week, Nik Nazmi was charged under the act for failing to submit a 10 day notice to the police to hold the ‘Blackout 505’ assembly in Kelana Jaya on 8 May.

“The problem is when a ten day notice needs to be submitted, certain conditions come with it. As if the previous atmosphere first needed approval.

“Previously, permits were needed, now permits are not necessary. There are other limitations.

“Because of that, the challenge posed by YB Nik Nazmi holds truth to challenge whether the Act is in conflict with the constitution,” added Syed Ibrahim.

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