Kuala lumpur: The Court of Appeal today dismissed the appeals by activist Siti Zabedah Kasim, commonly known as Siti Kasim, and another individual challenging a prohibition order obtained by police to bar them from participating in a rally in 2022. The rally was organized to demand the resignation of former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki.
According to BERNAMA News Agency, Justice Datuk Azhahari Kamal Ramli delivered the unanimous decision of the three-member bench, stating that the prohibition order was validly issued by a Magistrate court. Accompanying Justice Azhahari on the bench were Justices Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan. Justice Azhahari noted that the order was issued during the National Recovery Plan, a period when the Movement Control Order was in effect. The primary concern at the time, as he stated, was to control the Covid-19 pandemic and reduce the number of cases.
Justice Azhahari further clarified that the prohibition order did not infringe upon the rights of Siti Kasim and S. Raveentheran to peaceful assembly. He emphasized that the public was not prevented from attending the rally at the new venue at Bangsar MRT station, and it was evidenced through affidavit that the rally proceeded peacefully, with the appellants attending despite some delay. Thus, the appellants' right to peaceful assembly was not denied.
Moreover, Justice Azhahari affirmed that the prohibition order did not contravene Article 9 and Article 10 of the Federal Constitution. Initially, the High Court dismissed the application by Siti Kasim and Raveentheran for leave to initiate a judicial review. However, in May 2023, the Court of Appeal allowed their appeal, remitting the case to the High Court for a hearing on its merits. Yet, on September 24, 2024, the High Court dismissed their judicial review, supporting the magistrate's court order as a measure to curb Covid-19 spread.
The judicial review application, filed by Siti Kasim and Raveentheran in January 2022, named then Dang Wangi OCPD Asst Comm Noor Dellhan Yahaya, Dang Wangi then deputy OCPD Deputy Supt Muhammad Faizal Mohd Amir, the Inspector-General of Police, and the government as respondents. They sought damages for alleged violations of their fundamental rights to freedom of movement, speech, and assembly. Siti Kasim also sought compensation for the embarrassment, stress, and severe leg cramps she endured after being forced to walk to a new rally location due to a police blockade.
At today's Court of Appeal proceeding, lawyer Kee Hui Yee represented Siti and Raveentheran, while Senior Federal Counsel Ahmad Hanir Hambaly and Federal Counsel Ng Wee Li represented the police, the Attorney-General, and the government.