The Federal Court has ordered seven individuals, including three members of parliament (MP) to first face trial for allegedly participating in street protests before they can proceed to take their constitutional challenge to that court (Federal Court).
Chief Justice Tun Arifin Zakaria, leading a five-man bench wants them to go for trial to enable the Sessions Court to establish a finding of fact on whether the street protests had taken place or otherwise.
"As far as I am concerned, the matter is academic. Go back to the lower court and let the prosecution prove there was a street protest first, then come back to us. We will hear your argument. I am not saying there is a finding of guilt.
"If they are acquitted by the Sessions Court (at the end of the prosecution's case), then there is nothing to challenge," said Arifin.
He said the individuals were at liberty to file a reference to challenge the constitutionality of street protests, once the Sessions Court had made its findings on the issue.
Arifin did not make any decision on the reference application brought by the seven individuals.
The individuals are activists Adam Adli Abdul Halim and Mohd Fariz Abd Talib @ Musa, Bersih 2.0 chairman Maria Chin Abdullah, Bersih 2.0 committee member Mandeep Singh, Bayan Baru MP Sim Tze Tzin, Bandar Kuching MP Chong Chieng Jen and Stampin MP Julian Tan Kok Ping.
They are respectively charged with allegedly participating in 'Kita Lawan' rallies from the Sogo shopping mall through Jalan Tuanku Abdul Rahman on Feb 28 and Jalan Tun Perak on March 28, both last year, and the Bersih 4 rally in Kuching on Aug 29, 2015 under Section 4(2)(c) of the Peaceful Assembly Act 2012 (PAA).
The individuals have been given the nod by the High Court to bring a reference to the Federal Court to decide on the constitutionality of the charge they are facing.
They want the Federal Court to determine two legal questions, including a question on whether Sections 4(1)(2) and 4(2)(c) of the PAA which prohibits organising and participating in street protest are inconsistent with Article 10 (1) (a), Article 10 (1) and Article 10 (2) (freedom of speech, assembly and association) of the Federal Constitution.
Lawyer Gobind Singh Deo, representing Chong and Tan, requested the court to hear the reference as he said no facts were required to decide the constitutionality of the section.
Deputy public prosecutor Awang Armadajaya Awang Mahmud, who appeared for the prosecution, agreed with the court's view. -- Bernama
Bernama
Mon Oct 10 2016
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.