Court rules DBKL approval not required for Padang Merbok assembly

The Court of Appeal has determined that the Dewan Bandaraya Kuala Lumpur (DBKL) does not have authority to restrict assemblies at Padang Merbok, dealing a significant blow to restrictions previously imposed on a public gathering organised by the legal profession.

The court awarded damages totalling RM59,449 to the Malaysian Bar and four former Bar Council office-bearers in connection with police action taken during a 2022 march held to advocate for judicial independence. The ruling effectively invalidates the legal basis upon which authorities had sought to prevent or restrict the assembly.

The case centered on the applicability of DBKL's consent requirements to public assemblies at the historic open space in central Kuala Lumpur. The appellate court's decision establishes that organisers of gatherings at the venue are not bound by the municipal council's approval processes for such events.

The judgment represents a landmark decision on the scope of local authority powers and assembly rights in Malaysia's capital, clarifying the legal position for civil society groups and professional organisations seeking to hold public demonstrations and gatherings in designated public spaces.

The award of damages underscores the court's view that the restrictions imposed on the 2022 judicial march constituted an unjustified limitation on the organisers' rights, with the financial compensation reflecting the harm caused by the police action taken at the time.