Rembau Parti Keadilan Rakyat (PKR) division chief Badrul Hisham Shaharin today refiled his application to strike out three charges against him relating to the Bersih 3.0 gathering.

It was filed at the High Court registry in Kuala Lumpur through legal firm Messrs S N Nair & Partners.

On Sept 11, Badrul Hisham, also known as ‘Chegubard’, had filed a similar application at the Sessions Court registry in Kuala Lumpur, but withdrew it when the matter came up for mention before Sessions Court judge Mahmud Abdullah on Sept 13.

Lawyer S N Nair, representing Badrul Hisham, told reporters it was withdrawn because the Sessions Court had no jurisdiction to hear cases concerning the federal constitution.

Badrul Hisham was charged, together with PKR adviser Anwar Ibrahim and deputy president Mohamed Azmin Ali, on July 2 and May 22 over the Bersih 3.0 gathering.

On July 2, Badrul Hisham pleaded not guilty to the charge of abetting R Tangam, G Rajesh Kumar and Farhan Ibrahim in violating an order of magistrate Zaki Ashraf Zubir, dated April 26, which prohibited any gathering in the Dataran Merdeka area between April 28 and May 1.

On May 22, he also pleaded not guilty to a charge of participating in a street protest in violation of an order issued by Zaki Ashraf, prohibiting any gathering at Dataran Merdeka between April 28 and May 1.

Badrul Hisham was charged with committing the offence between 2.30pm and 3pm on April 28, in Jalan Tun Perak in Kuala Lumpur.

He had also pleaded not guilty to another charge of conspiring with Tangam, Rajesh Kumar and Farhan by instigating them to remove the metal barricades at Jalan Raja, on the same day.

Badrul Hisham was charged with committing the offences under Section 188 of the Penal Code and Section 4(2)(c) of the Peaceful Assembly Act (PAA) 2012.

In his application, he said the order issued by Zaki Ashraf was invalid on the grounds that it was issued out of jurisdiction and/or was ultra vires the PAA since its coming into force on Jan 30, which lawfully allowed peace assemblies.

He also said, the proper authority to impose restrictions on the public for lawful assembly under the PAA was the police, and not the Dewan Bandaraya Kuala Lumpur, as stated in the order.

- Bernama