PUTRAJAYA, Aug 10 — The Court of Appeal today dismissed the appeals by activist Siti Zabedah Kasim, popularly known as Siti Kasim, and another individual to challenge a prohibition order obtained by police to bar them from participating in a rally in 2022.
The rally was organised to demand the resignation of then-Malaysian Anti-Corruption Commission (MACC) Chief Commissioner Tan Sri Azam Baki.
In delivering the unanimous decision of the three-member bench, Justice Datuk Azhahari Kamal Ramli said the prohibition order was validly issued by a Magistrate's Court.
Sitting with Justice Azhahari were Justices Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan.
He added that the order was issued when the rally was planned to take place during the National Recovery Plan, which was implemented during the Movement Control Order.
“The greater emphasis of the respondents at that time, in our view, was to ensure that the COVID-19 pandemic could be put under control and the number of cases reduced,” Justice Azhahari said.
The prohibition order did not violate Siti Kasim and S. Raveentheran’s right to peaceful assembly.
“In fact, the respondents did not stop the public from attending the said rally at the new venue at Bangsar MRT station. It was proven by way of affidavit evidence that the rally went on peacefully and the appellants also attended the rally albeit with some delay
“In that sense, the appellants were not denied their right to a peaceful assembly,” he said.
Justice Azhahari noted that the prohibition order did not violate Article 9 and Article 10 of the Federal Constitution.
The High Court had initially dismissed Siti Kasim and Raveentheran’s application for leave to initiate the judicial review. However, in May 2023, the Court of Appeal allowed their appeal and ordered the case remitted to the High Court for a hearing on the merits.
On September 24, 2024, the High Court dismissed their judicial review, ruling that the magistrate’s court order was part of an effort to curb the spread of COVID-19 at that time.
Siti Kasim and Raveentheran filed the judicial review application in January 2022, naming the then Dang Wangi OCPD Asst Comm Noor Dellhan Yahaya, the then Dang Wangi deputy OCPD Deputy Supt Muhammad Faizal Mohd Amir, the Inspector-General of Police, and the government as respondents.
In the judicial review application, they sought general, aggravated, or exemplary damages for the alleged violation of their fundamental rights to freedom of movement, speech, and assembly.
Siti Kasim also sought compensation for having to endure embarrassment, experiencing stress, and suffering severe leg cramps after being forced to walk from Lorong Medan Tuanku to a new rally location in Bangsar after police imposed a blockade at the original rally site.
At the Court of Appeal proceeding today, lawyer Kee Hui Yee appeared for 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.
