Chief Justice Tengku Maimun Tuan Mat, delivering the unanimous decision of a five-member panel, said Section 9(5) of the Peaceful Assembly Act 2012 imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.

She said the section was “a disproportionate intervention” and amounted to a prohibition rather than a restriction of that right.

The decision stemmed from a constitutional challenge brought by former Muda secretary-general Amir Hadi, who was charged in 2022 with failing to give the police five days’ notice before organising a protest outside the Sogo complex in Kuala Lumpur.

On Aug 14, 2022, a gathering of about 200 people called for the ministers responsible for the failure of the littoral combat ship project to be sacked or brought to justice.

Amir was charged under Section 9(1) of the Peaceful Assembly Act, which requires prior notice to the police, and faced punishment under Section 9(5), which carries a maximum fine of RM10,000.

Amir subsequently filed a constitutional challenge against Section 9(5) of the Act. The High Court later referred the question to the Federal Court.

Tengku Maimun also directed that Amir’s ongoing criminal proceedings be remitted to the High Court and disposed of in line with the apex court’s judgment.