KUALA LUMPUR: A Magistrate’s Court’s prohibition that barred lawyer Siti Kasim (pic) and another person from participating in a rally that demanded the resignation of the Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki two years ago is valid, the High Court ruled.
Justice Wan Ahmad Farid Wan Salleh, in his decision, said that the magistrate’s order was part of an effort to curb the spread of Covid-19 at that time.
He said that the right to free movement as enshrined in the Federal Constitution was not an absolute right.
“The magistrate’s order was not ultra vires and not tainted by illegality or unconstitutional. The order is also not amenable by way of judicial review.” As such, he said the court would dismiss the judicial review application.
“And since the case is of public interest, I make no order as to costs,” he said yesterday.
On Jan 20, 2022, Siti and S. Raveentheran filed a judicial review application to challenge a court order linked to the rally “Tangkap Azam Baki”.
They named Dang Wangi OCPD Asst Comm Noor Dellhan Yahaya, Dang Wangi Deputy OCPD DSP Muhammad Faizal Mohd Amir, Inspector-General of Police, Attorney General and the government as respondents.
The plaintiffs had first failed in their bid to initiate the judicial review as the High Court dismissed their leave application.
However, in May last year, the Court of Appeal allowed their appeal and ordered the case to be returned to the High Court for a hearing on the merits of the case.
In the judicial review application, Siti and Raveentheran sought general, aggravated, or exemplary damages for the alleged violation of their fundamental rights to freedom of movement, speech and assembly.
Siti also sought compensation for having to endure embarrassment, stress and severe leg cramps as she had to walk from Lorong Medan Tuanku to a new rally location in Bangsar after police imposed a blockade at the original rally site.
