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The Federal Court ruled that punishing individuals who failed to notify the police five days in advance before organising a peaceful assembly was in conflict with the Federal Constitution.

The decision was made unanimously by a panel of five judges led by the Chief Justice Tun Tengku Maimun Tuan Mat, who would end her public service on Tuesday (July 1).

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Transcript
00:00Thank you very much.
00:30menjelaskan keputusan hari ini.
01:00Terima kasih.
01:30In the magistrate's court.
01:32So this was then brought as a challenge to say
01:34how can you on the one hand
01:36give the constitutional right
01:38for anybody to have a peaceful assembly
01:40and at the same time just because
01:42somebody has not given a five-day notice
01:45then he can be charged for
01:47he can be jailed and fined.
01:52It does not make sense
01:53because then you are undermining the right of peaceful assembly.
01:57So that is why we brought the challenge
01:58in respect of that provision
02:00which says an organiser
02:01can be charged and jailed
02:04because we are saying it's unconstitutional.
02:06It does not sit well
02:08with the fact that
02:09you are allowed under the federal constitution
02:12to have a peaceful assembly.
02:15And the court has agreed with us
02:16saying yes
02:17it has a chilling
02:18it has an effect that
02:20in broad terms
02:22undermines the right to a peaceful assembly
02:24and that cannot be tolerated
02:25because the federal constitution
02:27gives citizens
02:29the right to peaceful assembly
02:30because the peaceful assembly
02:31will be peaceful
02:32it's over
02:33and then suddenly
02:34you find Ahmad Hariri
02:35much later being charged.
02:38It does not make sense.
02:38So it's disproportionate
02:40to the object of
02:41allowing
02:42the constitutional right
02:44of peaceful assembly.
02:46So that was the
02:47the trust of the decision
02:48by the
02:50by the panel
02:52by the federal court
02:53and so
02:53we will have to go back now
02:55to the magistrate's court
02:56and the magistrate's court
02:57will have to acquit
02:58Ahmad Hariri
03:00because
03:00that charge itself
03:02is unconstitutional
03:03it's null and void
03:04it has no effect.
03:06So from now on
03:06whether you give the five day notice
03:09or not
03:09nobody can be charged
03:11peaceful assembly
03:12can proceed
03:12without any fear
03:14of anyone
03:15organiser
03:16or anyone involved
03:18in the organisation
03:19being hauled up
03:20by the police.
03:21The police have no right
03:22to
03:23to
03:24charge
03:26anybody
03:26in this respect.
03:28All they
03:28need to do
03:29is
03:30once they're given
03:31the notice
03:31to come and
03:32give some protection
03:32to the
03:34assembly itself.
03:36So this is a very
03:36very important decision
03:38is a landmark decision
03:40because it restores
03:42the fundamental right
03:43of citizens
03:44to have peaceful assemblies
03:45as and when
03:46they like
03:47so long as
03:48it is peaceful.

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