Activists Mohd Fariz Musa and Adam Adli Abd Halim are out to get their case referred to the High Court and this will be decided on April 15th.

They were charged in September last year for participating in the #KitaLawan street protest on Feb 28.

Their lawyer Eric Paulsen said they were trying to bring this up to a higher court to declare the provisions regarding street protests in the Peaceful Assembly Act unconstitutional.

"We've filed an application that whatever they did was perfectly legal, within the constitution, and therefore we want the High Court to determine that," Paulsen said to reporters outside the Kuala Lumpur magistrate court today.

He added that the provisions that they want to challenge are Section 4(1)(C), Section 4(2)(C) and Section 4(3) of the Peaceful Assembly Act, which relates to the prohibition of street protests.

These provisions, he explained, absolutely prohibit street protests under any condition.

"For us it's very disproportionate, under our Federal Constitution. You can restrict rights. But for us, you cannot prohibit absolutely," he said.

Once the High Court is able to decide on the constitutionality of the provisions, Paulsen clarified the case will be referred back to be heard in the Magistrate's Court.

"In the course of their trial, one of their defences will be that they were just performing their duties as citizens and exercising their freedom of assembly, which includes street protest.

"The lower courts don't have jurisdiction so we want this matter to be brought up to a higher court. They cannot raise this defence at a lower court," he said.

If convicted, Fariz and Adam can be fined not more than RM10,000.