KUALA LUMPUR — The Attorney General’s Chambers (AGC) has withdrawn its attempt to review the Federal Court’s historic ruling that declared a key provision of the Peaceful Assembly Act (PAA) unconstitutional, activist Amir Hariri Abdul Hadi confirmed today.
This move means that the apex court’s decision, which decriminalises the failure to notify authorities about public assemblies, will stand, Malay Mail Online reported.
In addition, the AGC has also dropped its request to reinstate charges against Amir.
Amir, widely known as Amir Hadi, hailed the withdrawal as a “victory” after a prolonged legal battle.
“This means that the Notice of Motion filed by the AGC to review the Federal Court’s decision regarding Section 9(5) of the Peaceful Assembly Act, including the request to reinstate the prosecution against me, has been withdrawn,” he said.
The activist thanked his legal team and supporters, particularly government figures like DAP Chairman Gobind Singh Deo and Pasir Gudang MP Hassan Karim, for standing by him.
“They are proof that even when one holds power, it does not mean that the truth must be suppressed. What is needed are principles and courage,” Amir added.
The AGC’s reversal comes shortly after senior government figures publicly called for the review to be abandoned in favour of pursuing reforms in Parliament.
Gobind had argued that continuing with the review would hinder and slow down the Madani government’s ongoing reform agenda.
The controversy began when the AGC unexpectedly filed to review the 2025 Federal Court decision in Amir’s case, which had ruled Section 9(5) of the PAA unconstitutional, citing violations of fundamental rights to free speech and peaceful assembly guaranteed under the Federal Constitution.
Yesterday, Gobind urged the Attorney-General, Tan Sri Mohd Dusuki Mokhtar, to cease the review efforts and prioritise amendments to the Act.
“The Madani Government is committed to institutional reforms, and the amendments to the PAA are a vital part of this agenda. Continuing with the judicial review will limit the reforms needed, and we should instead focus on improving the law through Parliament,” Gobind said.
The Federal Court’s decision, led by former Chief Justice Tun Tengku Maimun Tuan Mat, had found Section 9(5) unconstitutional for violating the rights to freedom of speech, assembly, and association.
Amir Hadi, who had been charged for organising a protest without notifying the police in 2022, brought forward the challenge to the provision.
Gobind further emphasised that pursuing the review would restrict the broader legislative changes required.
“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,” he explained.
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 amending several key legislative provisions, with the PAA being a priority.
Fahmi confirmed that the Cabinet had instructed the AGC to reconsider its review application and assess whether proceeding with the case was appropriate given the upcoming changes to the law. “The Cabinet has decided to convey this decision to the AGC, and a follow-up will be expected,” he said. – January 16, 2026