PAS goes to court over 'Peaceful Assembly' bill

Dec 2: Making good its earlier announcement that it would go to court over the tabling of the controversial Peaceful Assembly Bill which was passed by BN members of parliament, PAS has today filed a legal challenge against prime minister Najib Razak and the Malaysian government. The suit was filed this morning by PAS deputy president Mohamad Sabu, its Central Election director Dr Hatta Ramli dan Central Committee member Dr Dzulkefly Ahmad, at the Kuala Lumpur High Court, accompanied by lawyer Hanipa Maidin. The suit names Najib and the Malaysian government as the first and second respondents respectively. Hanipa (left) explained that the legal action was to call for a judicial review of the bill, as well as to seek three orders from the court. They include a declaration that the respondents had exceeded and abused their powers by tabling the bill in parliament for the purpose of formalising it into an act, although the bill ran contrary to Article 10 (1) (b) and 10 (2) (b) of the Federal Constitution. The party also seeks a restraining order to stop the process of formalising the bill into an act, as well as a writ of mandamus to force the respondents withdraw or further amend the bill to make it in accordance with the Constitution. Hanipa said despite the six amendments done prior to the bill being passed in the absence of Pakatan Rakyat MPs on November 29, it still contravened the Constitution. "As such, even if they succeed in making the bill into an act, it will still be null and void in the context of Article 4(1) of the Federal Constitution," he added. Named the Peaceful Assembly bill, the proposed law reaffirms the wide powers to the inspector-general of police to take whatever action deemed fit against those who gather without police permit. Besides slapping RM20,000 on offenders, it also has a long list of places where any form of protest was banned within 50-metre radius, and a prohibition on those below 15 years of age from participating in a demonstration.