KUALA LUMPUR – Former Muda secretary-general and activist Amir Hadi has been acquitted by the magistrates’ court here of failing to notify 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 2012 – the provision under which Amir faced punishment – was struck down by the Federal Court last month, FMT reported.
The apex court ruled unanimously on July 1 that it was unconstitutional to criminalise the failure to notify police five days before holding a peaceful assembly.
Former chief justice Tun Tengku Maimun Tuan Mat described the section as a “disproportionate interference” with the right to assemble, saying it amounted to a prohibition rather than a restriction. This means it is no longer an offence in Malaysia if organisers fail to provide five days’ advance notice to the police for a peaceful gathering.
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 afterwards, Amir said he was awaiting government engagement with NGOs and other stakeholders on proposed amendments to the Peaceful Assembly Act.
He led a gathering of about 200 people called “Mana Kapal LCS?” (Where is the LCS?) on Aug 14, 2022, which demanded that ministers responsible for the failure of the littoral combat ship (LCS) project be sacked or brought to justice.
The activist was initially charged under Section 9(1) of the Act, which requires prior notice to police, and faced punishment under Section 9(5), which carried a maximum fine of RM10,000.
Amir later filed a constitutional challenge to Section 9(5), leading the High Court to refer the matter to the Federal Court in August 2023. — August 8, 2025