KUALA LUMPUR — The Court of Appeal today dismissed an appeal by activist Siti Zabedah Kasim, better known as Siti Kasim, and another individual seeking to challenge a police-issued prohibition order that barred them from participating in a 2022 rally.
The rally was held to demand the resignation of former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki, Bernama reported.
A three-member panel, in a unanimous decision, ruled that the prohibition order issued by the Magistrate’s Court was valid.
Justice Datuk Azhahari Kamal Ramli, who delivered the judgment, sat with Justices Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan.
Justice Azhahari said the order was issued at a time when the country was still under the National Recovery Plan, which was introduced during the Covid-19 pandemic and Movement Control Order period.
“The greater emphasis of the respondents at that time, in our view, was to ensure that Covid-19 pandemic could be put under control and the number of cases reduced,” he said.
Justice Azhahari said the prohibition order did not infringe on the right of Siti Kasim and S. Raveentheran to peaceful assembly.
“In fact the respondents did not stop the public from attending the said rally at the new venue at Bangsar MRT station. It was proven by way of affidavit evidence that the rally went on peacefully and the appellants also attended the rally albeit some delay,” he said.
“In that sense, the appellants were not denied of their right to a peaceful assembly,” he added.
The judge also ruled that the order did not contravene Articles 9 and 10 of the Federal Constitution, which relate to freedom of movement and fundamental liberties.
The High Court had earlier dismissed Siti Kasim and Raveentheran’s application for leave to commence a judicial review. However, in May 2023, the Court of Appeal allowed their appeal and directed the matter to be sent back to the High Court for a full hearing on its merits.
On Sept 24, 2024, the High Court dismissed the judicial review application, finding that the Magistrate’s Court order was issued as part of measures to contain the spread of Covid-19 at the time.
Siti Kasim and Raveentheran had filed the judicial review application in January 2022, naming then Dang Wangi district police chief Asst Comm Noor Dellhan Yahaya, then Dang Wangi deputy police chief Deputy Supt Muhammad Faizal Mohd Amir, the Inspector-General of Police and the government as respondents.
They sought general, aggravated or exemplary damages, alleging that their fundamental rights to freedom of movement, expression and assembly had been violated.
Siti Kasim also sought compensation, claiming she had suffered embarrassment, stress and severe leg cramps after being forced to walk from Lorong Medan Tuanku to the new rally venue at Bangsar following a police blockade at the original location.
During today’s proceedings, lawyer Kee Hui Yee represented Siti Kasim and Raveentheran, while Senior Federal Counsel Ahmad Hanir Hambaly and Federal Counsel Ng Wee Li appeared for the police, the Attorney-General and the government. – August 10, 2026