KUALA LUMPUR — The High Court here today allowed an application by Malaysian United Democratic Alliance (MUDA) secretary-general Amir Hariri Abd Hadi (picture) to refer a constitutional question to the Federal Court.

Judge Datuk Azhar Abdul Hamid ruled in favour of the application after finding that there is a constitutional matter that must be adjudicated by the Federal Court in the criminal case involving Amir Hariri, 33, which has been ongoing for two years at the Magistrate’s Court.

“The constitutional question to be referred to the Federal Court concerns whether Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional as it contradicts Article 10(2)(b) of the Federal Constitution, which safeguards the fundamental right to peaceful assembly,” Justice Azhar said.

Amir Hariri was represented by lawyers Joshua Tay and Beatrice Chin in today’s proceedings, while Deputy Public Prosecutor Syajaratudur Abd Rahman led the prosecution.

On Aug 26, Amir Hariri pleaded not guilty at the Magistrate’s Court here to charges related to a rally held on Aug 14, 2022 to press the government for answers regarding the Littoral Combat Ships (LCS) project acquisition.

He was charged, as the organiser of the rally, with failing to notify Dang Wangi district police five days prior to holding the assembly in front of Sogo Complex in Jalan Tuanku Abdul Rahman here.

Amir Hariri was charged under Section 9(1) of the Peaceful Assembly Act 2012, punishable under Section 9(5) of the same Act, which carries a maximum fine of RM10,000 upon conviction. — BERNAMA