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2025 MarsdenLR 4788

HIGH COURT MALAYA KUALA LUMPUR
BADAN PEGUAM MALAYSIA & ORS – Appellant
Versus
NOOR DELLHAN YAHAYA & ORS – Respondent


Petitioner Advocates:New Sin Yew,Lee Yee Woei,Izni Syazwani ,Respondent Advocate: Muhammad Al-Saif Hashim,Asyraf Abd Hamid

JUDGMENT

Gan Techiong JC:

Introduction

[1] This civil suit was filed by the Plaintiffs, pleading, inter alia, violation of their rights under the Peaceful Assembly Act 2012 ("the PAA 2012") and Federal Constitution, tort of false imprisonment and misfeasance in public office.

[2] The Plaintiffs had organised a peaceful assembly and march to take place on 17 June 2022, which they named: "Walk for Judicial Independence". The cause of their grievances, as pleaded in their Statement of Claim, is that the 1st Defendant, who was then the Officer-in-charge of the Police District of Dang Wangi, had prohibited the Plaintiffs, members of the Bar and some members of the public, who had assembled at a public carpark known as the Padang Merbok Public Carpark on the said date from marching to Parliament to deliver a memorandum to the then Prime Minister of Malaysia.

[3] After considering the evidence adduced during the trial and submissions of learned counsel for the Plaintiffs and learned Senior Federal Counsel for the Defendants, I find that the 1st Defendant, in his capacity as the Officer-in-Charge of the Police District of Dang Wangi, had acted ultra vires on 15 June 2022 and also on 17 June 202

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