A sessions court in Kuala Lumpur today decided to allow law professor Azmi Sharom's move to challenge his sedition charge in the High Court.
 
The sessions court therefore allowed the application made by Azmi's lawyer, Gobind Singh Deo, on the draconian 1948 legislation, since it was not enacted by Parliament.
 
The decision was made by sessions judge Zanol Rashid Hussain, who said a constitutional issue had to be decided.

Following this, the judge suspended the sessions court proceedings pending the decision by the High Court.

Zanol fixed Nov 7 for the case to be mentioned in the High Court in Kuala Lumpur.

 
Constitutional issues are to be decided by the upper courts - meaning the High Court and above - and not by the lower courts.

Azmi and a string of others have been charged under the Sedition Act swoop in recent months.

The 45-year-old academician claimed trial on Sept 2, to one principal and an alternative charge of sedition.

Azmi is charged under Section 4 (1)(b) of the Sedition Act, with an alternative charge under Section 4 (1)(c) of the same Act, for publishing a seditious statement on Aug 15.

This is over an article titled ‘Take Perak crisis route for speedy end to Selangor impasse, Pakatan told’, which was published by the Malay Mail Online news portal.  

The associate professor in the Law Faculty says he was merely making the statement as a law lecturer and based on principles of the law and democratic practices.

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