Selangor exco member for education Nik Nazmi Nik Ahmad, is tomorrow expected to be charged for the third time under the Peaceful Assembly Act 2012 for not giving a 10-day notice for the Black 505 rally.

This was indicated today by the prosecutors and also lawyer N Surendran who appeared for Nik Nazmi previously.

“That is what I heard but I cannot appear for him tomorrow as I got another case,” said Surendran. Lawyer Syahredzan Johan, when contacted, said he will represent Nik Nazmi tomorrow

It was previously reported that Nik Nazmi, who is PKR Youth chief and Seri Setia assemblyperson, had been charged three times by the Attorney-General' s Chambers for not abiding in giving the10-day notice for the rally.

He was acquitted on all three occasions including on Nov 7 last year by the Shah Alam High Court.

Subsequently, Nik Nazmi filed a malicious prosecution suit against then Attorney General Abdul Gani Patail and the government at the High Court in Kuala Lumpur.

The latest charging of Nik Nazmi follows Thursday's decision at the Court of Appeal before a three-member bench led by Court of Appeal president Justice Mohd Raus Sharif which declared that Section 9 (1) with regards to the requirement to give a 10-day notice and the punishment under Section 9 (5) as constitutional in the case of PKR Johor executive secretary R Yuneswaran.

'Not ultra vires'

Justice Raus ruled that Section 9(5) of the PAA 2012 (PAA) that criminalises the failure to give the notice to be 'constitutional, valid, and enforceable'.

“The imposition of criminal sanction under Section 9(5) of the PAA for the breach of the requirement to give notice is not ultra vires to Article 10(2)(b) of the Federal Constitution.

“Section 9(5) is entirely constitutional, valid, and enforceable,” ruled Justice Raus in the unanimous decision.

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