SHAH ALAM, 25 Apr: The decision of the Court of Appeal to free the Selangor Deputy Speaker, Nik Nazmi Nik Ahmad, from charged under the Peaceful Assembly Act (PAA) 2012, proves that the people have the right to assemble peacefully without a 10-day notice.
Speaking to Selangor Kini, Nik Nazmi deems this case to be a victory of the people for the first time in history, which should be celebrated and made a motivation for anyone to express their views and protests.
He said that today’s decision is also important in giving a message to parties with malicious intent of intimidating organisers and the people by using an invalid act.
“Not only did the Court of Appeal set the charges aside against me, but also declared that Section 9(5) is invalid and contrary to the constitution.
“Alhamdulillah, this is a momentous decision since 57 years of the country’s independence and this decision proves that the people have the right to assembly peacefully,” he said when contacted.
This morning, a panel of three judged in the Court of Appeal ruled that Section 9 (5) of the Peaceful Assembly Act (PAA), which penalises those who do not give a 10 day notice before holding an assembly as invalid.
The panel, led by Justice Datuk Mohd Ariff Mohd Yusof, said that there is nothing in the Act that allows the authorities to declare peaceful assemblies as illegal.
In relation to that, Nik Nazmi urged the people to gather again early next month in the May 1 Assembly to Oppose the GST in Kuala Lumpur.
“Let us make today’s decision as a benchmark for us to assemble peacefully without fear,” he said.
Last year, Nik Nazmi, also the Seri Setia Assemblyman, was charged under the PAA on the organisation of the Black 505 assembly, which was held at the Kelana Jaya Stadium.
When the PAA Bill was discussed in Parliament in 2011, all Pakatan Rakyat (PR) members walked out of the Dewan Rakyat.
At that time, over 1,000 lawyers participated in the ‘lawyer’s march’ in front of the Parliament building, led by the President of the Malaysian Bar Council, Lim Chee Wee, to oppose the Bill.
They stressed that this new law was in conflict with Article 10 of the Federal Constitution which guarantees and protects the rights of the people to hold assemblies.