Hadi's son-in-law files legal challenge against government over protest charge
The plaintiff also contends that the section violates Articles 5(1) and 8(1) of the Federal Constitution, arguing that it undermines the right to a fair trial and is disproportionate to the principle of the rule of law.
KUALA LUMPUR – Pas Sungai Buloh division chief Zaharudin Muhammad has filed a legal challenge against the government over a charge linked to his alleged involvement in a protest against the Kampung Sungai Baru evictions in September last year.
Zaharudin, 50, filed the originating summons through the law firm Daim & Gamany at the High Court on Dec 31, 2025, naming the government as the sole defendant.
According to court documents, Zaharudin, who is the son-in-law of Pas President Tan Sri Abdul Hadi Awang, is seeking a declaration that the charge brought against him under Section 145 of the Penal Code contravenes Article 10(1)(b) of the Federal Constitution, which guarantees citizens the right to assemble peacefully.
The plaintiff also contends that the section violates Articles 5(1) and 8(1) of the Federal Constitution, arguing that it undermines the right to a fair trial and is disproportionate to the principle of the rule of law.
"As a result of these inconsistencies, the section is invalid and unconstitutional," the filing stated. The court has fixed Jan 19 for the case mention.
During a press conference at the Kuala Lumpur Court Complex lobby on Monday, lawyer Latheefa Koya, representing Zaharudin, described Section 145 as "outdated."
"We were shocked that the government utilised this rarely invoked provision against activists who were raising issues affecting the residents of Kampung Sungai Baru. The public is entitled to assemble peacefully," she said.
Zaharudin maintained that his presence at the site was strictly to assist residents who were in the process of vacating their homes during heavy rain.
"I did not intend to organise an assembly but ended up being 'assembled' because, upon my arrival, there were roadblocks and a crowd already present," he said.
He alleged that the crowd gathered due to a viral WhatsApp message offering payment to attend a development event, which he characterized as a provocation.
Earlier on Monday, Zaharudin pleaded not guilty at the Magistrate’s Court to a charge of participating in an unlawful assembly.
The charge alleges that he joined seven other individuals, including two minors, in opposing the eviction notice process at Jalan Datuk Abdul Malik, Kampung Sungai Baru, despite knowing the gathering had been ordered to disperse.
The alleged offense took place between 10.50am and 11.14am on Sept 11, 2025.
Under Section 145 of the Penal Code, a conviction carries a penalty of up to two years’ imprisonment, a fine, or both.
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