The Kuala Lumpur High Court today dismissed Bukit Katil MP Shamsul Iskandar Mohd Akin's application to set aside the charge against him.

The accused, 40, is facing a charge of participating in an illegal 'Black 505' rally near a mosque.

Justice Azman Abdullah said in his ruling that the Peaceful Assembly Act prohibited any rally "even a peaceful one", to be held within 50 metres of a place of worship.

He said the restriction was consistent with provisions in the constitution.

The judge stressed that the sanctity of places of worship must be preserved "even for a thousand years".

"If a place of worship is allowed to be used for a rally, what happens if those who participate are wearing clothes that do not cover their aurat?

"Whether we are of religion A, B or C, or race A, B or C, or politically A, B or C, we must be sensitive when it comes to our respective places of worship," he said.

Meanwhile, Shamsul Iskandar's counsel Yusmadi Yusoff said he would appeal against the decision.

The accused - who is also a PKR vice-president - filed the application to drop the charge on March 31, 2014, claiming that it was flawed, defective and did not satisfy the requirements of a 'prohibited place'.

He said the charge was also an abuse of the court process and a travesty of justice.

He further claimed that the charge was politically motivated, a selective prosecution, done with malicious intent and jeopardised the rule of law.

On Aug 5, 2013, Shamsul Iskandar - who is also Angkatan Muda Keadilan chief - with youth deputy chief Khairul Anuar Ahmad Zainuddin, 36, and youth vice-chief Mohd Nazree Mohd Yunus, 29, claimed trial to the charge.

They allegedly committed the offence at Masjid Ar-Rahman, Universiti Malaya in Kuala Lumpur between noon and 1.15pm on June 22 the same year.

The charge under Section 4(2)(b) of the Peaceful Assembly Act 2012 carries a maximum fine of RM20,000 on conviction.

Deputy public prosecutor Mohamad Mustaffa P Kunyalam represented the prosecution.

- Bernama