The Kuala Lumpur High Court has fixed Nov 23 to hear submissions over Anwar Ibrahim's application to strike out the Peaceful Assembly Act (PAA) charge which he faces over the Bersih 3.0 rally on April 28.

Justice Kamardin Hashim fixed the date after the case came up for mention today.

Head of the prosecution in the Attorney-General’s Chambers Abdul Wahab Mohamad said the prosecution is opposing the application.

Ramkarpal Singh, who appeared for Anwar, had asked that skeletal submission be made in preparation for the oral submission.

Following this Kamardin agreed to fix Nov 23 for hearing of the submissions.

NONE Anwar ( right ) is seeking to strike out the charge on the grounds that the PAA is unconstitutional and that matters pertaining to the constitution can only be heard in the High Court as it conflicts with freedom of assembly, a right guaranteed under the federal constitution.

The Permatang Pauh MP, along with PKR deputy president Azmin Ali and former PKR supreme council member Badrul Hisham Shahrin, were jointly charged with violating Section 4 (2)(c) of the PAA by taking part in the Bersih 3.0 rally and thereby, between 2.30pm and 3pm on April 28, had violated the court order issued by a magistrate.

If found guilty, all three are liable to a maximum fine of RM10,000 each.

They also face a second charge under Section 188 of the Penal Code, for breaching the magistrate’s order by conspiring with Rasah PKR division deputy head R Tangam, lawyer G Rajesh Kumar and van driver Farhan Ibrahim @ Alias by inciting them to breach the barricades surrounding Dataran Merdeka, which ‘could have caused a riot or clashes’.

If convicted, they will face a maximum jail term of one month or a fine of RM2,000 or both.

The third charge against the three is abetting in rioting under Section 147 of the Penal Code, by inciting the others to break the barricades at Dataran Merdeka. If convicted under this section, Anwar, Azmin and Badrul Hisham will face a two-year jail term or a fine or both.