High Court dismisses application to strike out PAA charges

The High Court in Kuala Lumpur has dismissed applications to strike out three different charges against several persons under the Peaceful Assembly Act (PAA).

The applications had been filed by PKR lawmaker Rafizi Ramli and PKR secretariat staff member Adib Ishar; student activists Adam Adli Abd Halim, Muhammad Safwan Anang, Ekhsan Bukharee and Mohamed Bukhairy Mohamed Sofian; and former PKR Youth deputy chief Khairul Anuar Ahmad Zainuddin.

In giving her decision, judge Amelia Tee Hong Geok Abdullah, said she could choose to base it on one of the two conflicting Court of Appeal rulings on the PAA, either that Section 9(5) was null and void as per Nik Nazmi Nik Ahmad's case, or the P Yuneswaran's case which they upheld the constitutionality of the Act.

Ultimately, the judge chose to follow the Yuneswaran ruling, and ordered the case to go back to the Sessions Court in Kuala Lumpur for hearing

The case mention for the matter has been set for June 21.

Meanwhile,  Justice Amelia also warned Adib and Khairul Anuar, who were not in court, to show up for their next court hearing to avoid violating their bail.

"If a warrant comes out for their arrest it will make things more difficult," she said, and urged the other applicants to pass on the message.

Lawyer Melissa Sasidaran (photo) told reporters after the case that she will consult with the seven as to what their next course of action would be.

Rafizi and Adib were charged with violating Section 15 of the Act when they allegedly failed to comply with conditions set by the police for a Blackout 505 rally on June 22, 2013.

They had failed to obtain the consent of the Kuala Lumpur City Hall to use Padang Merbok, near Parliament House, as the venue of the rally.

Meanwhile, the four student activists and Khairul were charged under Section 4(2)(b) of the PAA for gathering at a mosque before taking part in the same rally.