Three activists were cleared on a charge of violating the Peaceful Assembly Act (PAA) 2012 by a Sessions Court in Kuala Lumpur today which ruled that it was bound by a Court of Appeal decision that Section 9(5) of the PAA is unconstitutional.

However, judge Ahmad Bache ruled that the court did have jurisdiction to hear the charge and record the pleas of the three accused - Badrul Hisham Shaharin, Mohamed Bukhairy and Edy Noor Reduan.

"And hence, I allow the charge to be read," Ahmad said.

Badrul Hisham,  Bukhairy and Edy Noor then pleaded not guilty, after which Ahmad gave them a discharge not amounting to an acquittal.

Ahmad also said the Court of Appeal decision must be viewed as a retrospective decision that dates back to the day that the PAA was passed.

He said this in response to deputy public prosecutor Suhaimi Ibrahim’s argument that the offence by the three was committed before the section was declared unconstitutional.

The trio were accused of violating Section 9(1) of the PAA, punishable under Section 9(5) by organising a rally, without giving prior notice, at Dataran Merdeka on New Year's Eve.

Gobind Singh Deo was their lead counsel.

Fellow defence counsel Eric Paulsen said after the judgement was delivered that he would take instructions from the three activists on whether to personally sue the attorney-general for re-charging them.

The three were previously discharged not amounting to acquittal by another Sessions Court on April 28, on the grounds that the court is bound by the Court of Appeal ruling, which was made on April 25.

The Court of Appeal ruling was made following a constitutional challenge on the PAA pursued by the lawyers of PKR's Seri Setia assemblyperson Nik Nazmi Nik Ahmad, who was similarly charged for organising a Black 505 rally in Kelana Jaya after last year's general elections.

Despite the ruling, this is the second time the AG has attempted to re-charge individuals who have previously been cleared.

Nik Nazmi, even though being discharged and acquitted by the Court of Appeal, was brought to be re-charged at the Sessions Court in Petaling Jaya recently, only to be discharged before a plea was recorded.

Badrul Hisham, or better known as Chegubard, was brought before the Sessions Court for the second time last week to be re-charged despite being discharged before, and Ahmad had asked to be given a week to make his ruling after listening to submissions from both sides.