The Federal Court today agreed to defer the hearing of the prosecution and the Attorney General Chamber’s appeal on Seri Setia assemblyperson Nik Nazmi Nik Ahmad's acquittal.

It was set for May 27 but the defence then requested for more time. The new date will be set after the court’s vacation in June.

 

Nik Nazmi, who is also the Selangor legislative assembly deputy speaker, was acquitted on April 25, following the landmark Court of Appeal ruling that declared Section 9 (5) of the Peaceful Assembly Act as unconstitutional.

But the prosecution then appealed against the decision and the hearing was set for May 27.

 

His lawyer Latheefa Koya ( right ) said the defence had written to the Chief Justice Arifin Zakari seeking for an adjournment of the appeal as there was insufficient time to prepare for the case.

 

Now, Federal Court registrar Hasbi Hassan has informed her of the postponement.

“He said the court has allowed our request and will fix the hearing after the court vacation in June. So the May 27th hearing date is vacated,” said Latheefa.

 

She added they are also allowed to file their submissions by June 3.

 

It is learned the AGC had already filed its petition of appeal stating the grounds of its appeal last Friday.

 

However Latheefa said that to this day, they have not received the petition.

On Saturday, lawyers N Surendran and Latheefa were reported to have complained that the case was being fast-tracked in the hearing of its appeal despite the lawyers not receiving the petition of appeal.

 

They further contended the judiciary may have had misread public sentiment by bringing the case forward.

Section ruled unconstitutional

On April 25, it was reported that the three member panel of the Court of Appeal had unanimously ruled Section 9 (5) which accords the punishment for failure to give a 10 day notice as unconstitutional .

 

Nik Nazmi was charged in relation to the Black 505 rally at the Kelana Jaya stadium, after the last general election in 2013.

 

He was subsequently recharged but the Petaling Jaya Sessions judge then discharged the case.

 

The landmark ruling has resulted in a string of discharges of opposition Pakatan Rakyat members and also students over their charge under Section 9 (5) in Ipoh and Kuala Lumpur.

 

The appellate court ruled the right to to peaceful assembly is guaranteed under Article 10(1) (b) of the Federal Constitution and hence, cannot be criminalised, Justice Hamid Sultan Abu Backer, one of the three judges on the bench said.

 

Justice Mah Weng Kwai had added that Section 9(5) made a mockery of the right to freedom of assembly and that it outweighed any inconvenience following a protest, such as traffic jams.