Former PKR supreme council member Badrul Hisham Shahrin filed an application today to strike out charges filed against him under the Peaceful Assembly Act and Section 188 of the Penal Code for not abiding by a magistrate's order on the Bersih 3.0 rally.

NONE Accompanied by his lawyer Sankara Nair, the application was filed in the sessions court in Kuala Lumpur this morning.

Badrul Hisham (left) , who is better known as Chegubard, is together with Opposition Leader Anwar Ibrahim and PKR deputy president Azmin Ali, charged under Section 4(2)(c) of the PAA for taking part in a street protest at Dataran Merdeka between 2.30pm and 3pm on April 28, thereby violating an order issued by magistrate Zaki Asyraf Zubir prohibiting any gathering there.

He is also charged, along with Anwar and Azmin, under Section 188 for violating the magistrate's order and a third charge of abetting to rioting, under Section 147 of the Penal Code.

In Chegubard's application, he claimed that the magistrate's order is not in order as the application under the PAA should not be made by the Kuala Lumpur City Hall but the police and the said order was unconstitutional.

On the Section 188 charge, he said the charge is not in order as the magistrate's order is invalid as it is beyond the jurisdiction of the PAA, as it allows peaceful assemblies.

Anwar has already applied for the charges against him in the sessions court to be struck off based on a constitutional argument, and wants the matter to be heard before the High Court .

The prosecution, led by Attorney-General Chambers' prosecution division head Abdul Wahab Mohamad, indicated last week it would object to Anwar's application.

Sessions judge Mahmud Abdullah has fixed Thursday to hear the prosecution's objection and also Anwar's application to transfer the hearing of his striking out application of the PAA charge to the High Court.

Azmin's lawyer CV Prabhakaran has also indicated in court last week that they would be challenging the validity of the magistrate's order.