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 Court of Appeal has dismissed appeals by activist Siti Zabedah Kasim, commonly known as Siti Kasim, and another individual who challenged a police prohibition order that banned them from attending a rally in 2022. The rally aimed to call for the resignation of Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki.
Judge Azhahari Kamal Ramli stated that the prohibition order was legally issued by a magistrate's court. The decision was unanimous among the three-judge bench, consisting of Azhahari, Ahmad Kamal Md Shahid, and Ong Chee Kwan. The court emphasized that the order was issued during the National Recovery Plan period, when the focus was on controlling the Covid-19 pandemic and reducing case numbers.
Azhahari also noted that the prohibition order did not infringe upon Siti Kasim and S.Raveentheran's right to peaceful assembly, as the respondents did not prevent the public from attending the rally at its new location in Bangsar MRT station. The rally proceeded peacefully, and both appellants attended despite some delays. The High Court initially rejected the appeals, but the Court of Appeal allowed them in May 2023 and remitted the case back to the High Court for further proceedings.
The High Court dismissed the judicial review application on September 24, 2024, stating that the magistrate's court order was part of a broader effort to curb the spread of Covid-19 at the time. Siti Kasim and Raveentheran filed the initial judicial review application in January 2022, naming several government officials as respondents.
They sought damages for violations of their fundamental rights to freedom of movement, speech, and assembly, as well as compensation for the embarrassment, stress, and severe leg cramps they endured after being forced to relocate their rally from one location to another. At the Court of Appeal hearing, attorney Kee Hui Yee represented both Siti Kasim and Raveentheran, while Senior Federal Counsel Ahmad Hanir Hambaly and Federal Counsel Ng Wee Li represented the respondents.
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