KUALA LUMPUR: Activist Siti Zabedah Kasim, or popularly known as Siti Kasim, has failed to challenge the validity of the prohibition order against a rally demanding the resignation of Malaysian Anti-Corruption Commission Chief Commissioner Tan Sri Azam Baki two years ago.
High Court judge Datuk Wan Ahmad Farid Wan Salleh today dismissed Siti's and S. Raveentheran's application on the grounds that the order issued by a magistrate on Jan 20, 2022, banning the "Arrest Azam Baki" rally was valid under the law.
He said the right to free movement, as enshrined in the Federal Constitution, is not absolute, as the order was issued to control the spread of Covid-19.
"The magistrate did not act beyond the law when issuing the prohibition order to prevent the spread of Covid-19.
"The order is also not tainted by unlawful or unconstitutional actions and cannot be overturned through judicial review.
"Therefore, it is valid and cannot be contested in court," he said.
Siti and Raveentheran, as applicants, filed the judicial review to challenge the prohibition order, naming Dang Wangi district police chief Assistant Commissioner Noor Dellhan Yahaya, his deputy, Deputy Superintendent Muhammad Faizal Mohd Amir, the inspector-general of police, the attorney-general and the government as respondents.
Initially, the High Court dismissed both applicants' requests for permission to initiate the judicial review.
However, in May last year, the Court of Appeal granted their appeal and ordered it to be returned to the High Court for a merit hearing of the judicial review.
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.
She 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 after police imposed a blockade at the original rally site.