Is Daniel John Jambun legally free to rally tomorrow?

Question

Accepted Answer

Daniel John Jambun Is Legally Free to Rally Tomorrow

The court order that previously prohibited activist Daniel John Jambun from participating in rallies within five city centre locations has expired, meaning he is no longer legally restricted from participating in assemblies. The original order, issued on April 20, was valid for seven days under Section 98(5) of the Criminal Procedure Code and thus expired on April 27. Despite the police serving this expired order to Jambun on April 29, the High Court advised the applicant to withdraw the case due to the order's invalidity.
The Court Order's Expiration

The legal basis for the prohibition against Daniel John Jambun stemmed from a court order obtained by the police on April 20. This order, which named 16 respondents including Jambun and prohibited them, along with the public, from assembling in five specific city centre locations, was subject to a seven-day validity period as stipulated by Section 98(5) of the Criminal Procedure Code. Consequently, the order automatically lapsed on April 27.
Non-Compliance with Legal Procedures

Despite the order's expiration, the police served it to Daniel John Jambun, founder of the Borneo’s Plight in Malaysia Foundation (Bopim), on April 29. This action occurred after the order had already ceased to be legally binding. During a court hearing, Jambun's lawyer, Tengku Fuad Ahmad, highlighted that his client had not been served with any fresh or valid order, and therefore, no legal impediment existed for him to participate in any rally or assembly.
Judicial Advise and Legal Interpretation

High Court judge Steven Chung acknowledged the expired status of the court order during proceedings and advised the applicant, presumably the police, to withdraw the case. He stated there was nothing for him to hear or rule upon given the order's invalidity. Tengku Fuad Ahmad further clarified that unless a new, valid order is served, Jambun faces no prohibition from participating in tomorrow's planned events.
Alternative Rally Plans

While the specific order against Jambun has expired, Sabah Bersih 2.0, an organisation with which Jambun is associated, has stated its intention to proceed with its May Day rally. The group plans to gather at the Bandaran Berjaya roundabout before moving towards Padang Merdeka. These planned locations are outside the five areas originally designated in the now-expired court order, indicating a strategic adjustment to accommodate potential restrictions.

Reading history

Hide →

This history is cleared when the page is closed.

Is Daniel John Jambun legally free to rally tomorrow?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends