PAS Calls for Peaceful Assembly Act Review Following Federal Court Ruling
PETALING JAYA - Following a landmark ruling by the Federal Court, PAS (Parti Islamik SeMalaysia) has formally urged the government to undertake a comprehensive review of the Peaceful Assembly Act 2012. The court's decision yesterday declared unconstitutional the act's provision criminalising the failure to provide notification of an assembly, marking a significant victory for freedom of expression and assembly in Malaysia.
The Federal Court's ruling stemmed from a challenge brought by Adillin Roslan, who was charged under the Peaceful Assembly Act for failing to provide notice of a 2021 protest. The court unanimously agreed that requiring notification before a peaceful assembly is a violation of Article 10 of the Federal Constitution, which guarantees freedom of speech, expression, and assembly.
PAS, in a statement released today, acknowledged the Federal Court's decision and emphasized the need for the government to act swiftly. “PAS respects the decision of the Federal Court. However, we believe that the Peaceful Assembly Act, even with this specific provision deemed unconstitutional, still contains elements that can be improved and refined to ensure a balance between the right to peaceful assembly and the maintenance of public order,” said a PAS representative.
The party argued that while the requirement of notification was problematic, the Act's overall framework could still be valuable in regulating assemblies and preventing potential disruptions. PAS suggested a review process that involves consultation with various stakeholders, including civil society groups, law enforcement agencies, and legal experts. This collaborative approach, they believe, would lead to a revised law that is both constitutional and effective.
What does this mean for Malaysians?
The Federal Court's ruling and PAS’s call for review have significant implications for Malaysians' ability to exercise their constitutional right to peaceful assembly. Without the requirement of prior notification, citizens can organize and participate in peaceful gatherings without facing the risk of criminal charges simply for failing to inform the authorities in advance. However, it's crucial to remember that this doesn’t negate the responsibility to ensure that assemblies are peaceful and do not infringe on the rights of others.
Looking Ahead
The government's response to the Federal Court's ruling and PAS's call for review will be closely watched. While the specific provision regarding notification has been struck down, the Peaceful Assembly Act remains in effect. A thorough review, as suggested by PAS, could lead to a more balanced and constitutionally sound law that safeguards the right to peaceful assembly while also addressing legitimate concerns about public order. The ongoing debate highlights the importance of protecting fundamental rights while ensuring a safe and harmonious society for all Malaysians.
PAS’s stance reflects a cautious optimism, acknowledging the importance of upholding constitutional rights while also emphasizing the need for responsible regulation. The coming months are expected to see further discussion and debate on the future of the Peaceful Assembly Act and its impact on Malaysian society.