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AG should halt judicial review of Peaceful Assembly Act’s unconstitutional provision: Gobind

Digital minister urges the Attorney-General to reconsider the review of the Federal Court ruling, following Amir Hariri’s challenge of the Act

4:05 PM MYT

 

KUALA LUMPUR – Digital Minister Gobind Singh Deo has called for the Attorney-General, Tan Sri Mohd Dusuki Mokhtar, to halt the ongoing attempt to review the Federal Court’s decision on Section 9(5) of the Peaceful Assembly Act (PAA).

The provision, which had criminalised organisers of peaceful assemblies for failing to notify authorities, was ruled unconstitutional by the Federal Court last year.

In a statement, Gobind emphasised that pursuing the judicial review would delay the process of amending the Act, which is already underway.

“The Madani Government is committed to institutional reforms, and the amendments to the PAA are a crucial part of this agenda. Continuing with the judicial review will limit the intended reforms that are needed, and we should instead focus on improving the law through Parliament.”

The Federal Court’s decision in 2025, led by former Chief Justice Tun Tengku Maimun Tuan Mat, had declared Section 9(5) unconstitutional for violating the constitutional rights to freedom of speech, assembly, and association.

The challenge to the provision was brought forward by activist Amir Hariri Abd Hadi, who was charged for organising a protest without notifying the police in 2022.

Gobind also noted that the review would restrict the broader legislative changes needed.

“By amending the Act through Parliament, we can address a wider range of concerns and make meaningful reforms. The judicial review only limits us to the specific issues raised in the case.”

In response to the ruling, Communications Minister Datuk Fahmi Fadzil revealed that the Cabinet had agreed in principle to amend the PAA, following a policy decision made last week. The government’s reform agenda includes the amendment of several key legislative provisions, with the PAA being a priority.

Fahmi confirmed that the Cabinet had instructed the Attorney-General’s Chambers to reconsider the review application and evaluate whether it is appropriate to proceed with the case given the planned changes to the law. “The Cabinet has decided to convey this decision to the Attorney-General’s Chambers, and a follow-up will be expected,” he said. – January 15, 2026

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