Siti Kasim, another activist lose appeal over 2022 rally prohibition order

PUTRAJAYA: The Court of Appeal today dismissed the appeals by activist Siti Zabedah Kasim, popularly known as Siti Kasim, and another individual challenging 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 Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki.

In delivering the unanimous decision of the three-member bench, Judge Datuk Azhahari Kamal Ramli said the prohibition order was validly issued by a magistrate’s court.

Sitting with Azhahari were Judges Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan.

Azhahari said 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 Covid-19 pandemic could be put under control and the number of cases reduced,” he said.

Azhahari also 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 some delay,” he said.

“In that sense, the appellants were not denied of their right to a peaceful assembly,” he added.

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Azhahari said 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 to be remitted to the High Court for a hearing on the merits.

On Sept 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 police chief Assistant Commissioner Noor Dellhan Yahaya, then Dang Wangi deputy police chief Deputy Superintendent 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 when police imposed a blockade at the original site.

At the Court of Appeal proceeding today, lawyer Kee Hui Yee appeared for Siti Kasim and Raveentheran, while Senior Federal Counsel Ahmad Hanir Hambaly and Federal Counsel Ng Wee Li represented the respondents.

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