The Court of Appeal today dismissed an appeal by activist and lawyer Siti Kasim and another individual challenging a court order that prohibited a rally calling for former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki to resign four years ago.
A three-member panel chaired by Datuk Azhahari Kamal Ramli, alongside Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan, unanimously rejected the appeal filed by Siti, whose full name is Siti Zabedah Kasim, and fellow lawyer S Raveentharan.
Azhahari ruled that the prohibition order issued by the Kuala Lumpur Magistrates’ Court on Jan 20, 2022, against the planned “Catch Azam Baki” rally was lawful.
He said the order was issued when the rally was scheduled to take place during the implementation of the National Recovery Plan (NRP), which was introduced amid movement restrictions aimed at controlling the spread of Covid-19.
“At that time, the greater priority of the respondents, in our view, was to ensure that the Covid-19 pandemic could be controlled and the number of cases reduced,” he said.
The judge also ruled that the prohibition order did not violate the applicants’ constitutional rights to freedom of movement and assembly under Articles 9 and 10 of the Federal Constitution.
Azhahari noted that authorities had not prevented members of the public from attending the rally after it was moved to a new location at Bangsar MRT station.
“Based on the affidavit evidence, it was proven that the gathering took place peacefully and the appellants also attended it, although slightly late,” he said.
He added that, in those circumstances, the appellants’ right to freedom of movement had not been denied.
Siti Kasim and Raveentharan had filed the judicial review application in January 2022, naming then Dang Wangi district police chief ACP Noor Dellhan Yahaya, his deputy DSP Muhammad Faizal Mohd Amir, the Attorney General and the Malaysian Government as respondents.
Through the judicial review, the duo sought general, aggravated and exemplary damages, claiming that their rights to freedom of movement, expression and peaceful assembly had been breached.
Siti also sought damages, claiming she suffered embarrassment, stress and severe leg cramps after allegedly being forced to walk from Lorong Medan Tuanku to the rally’s new location in Bangsar following a police blockade at the original venue.
Siti Kasim and Raveentharan were represented by lawyer Kee Hui Yee, while Senior Federal Counsel Ahmad Hanir Hambali appeared for all the respondents.
