Universiti Kebangsaan Malaysia student Asheeq Ali Sethi Alvi today filed a motion for leave to appeal to the Federal Court, posing four questions of law regarding his suspension for participating in the "Tangkap Malaysian Official 1" rally two years ago.

The application was filed by his lawyers at the Federal Court registry today.

Asheeq's one-month suspension sentence was reinstated by the university authorities after he lost his appeal at the appellate court last month.

The court dismissed his appeal on the grounds that no error was made by the High Court judge, who ruled that Asheeq should file the challenge via a judicial review and not an originating summons.

The four questions of law posed to the apex court are:

  • Whether the university formed under the University and University Colleges Act 1971 (UUCA) in beginning to institute disciplinary proceeding according to the disciplinary regulations start with the contract entered between the university and the student.
  • Whether Regulation 3 and 13 of the UKM (Student Discipline) Rules 1999 is unconstitutional as it prohibits students to gather peacefully without arms outside campus and this is in violation of Article 10 (1) (a) (b) of the Federal Constitution.
  • Whether regulation 3 and 13 of the UKM rules should be read that it did not prohibit the students from gathering outside campus to protest where else they had not been found guilty of violating Article 10 (1) (a) (b) of the Federal Constitution; and
  • When a university formed under UUCA charges a student in a disciplinary proceeding can the student or plaintiff initiate the legal action on the institution via originating summons.

If granted leave to appeal, Asheeq said his lawyers would argue that an originating summons filed could be considered a valid legal mode of action rather than a judicial review.

To appeal before the Federal Court, the motion for leave has to be filed within 30 days and leave should be gained before the full hearing of the appeal is heard.

Suspension condemned

Asheeq was ordered to be suspended for one semester – of which he had already served three weeks – for his participation in the Tangkap MO1 rally.

He claimed that while police did not charge him, they had supplied evidence to the university for it to be used against him.

Speaking to reporters later, Asheeq said his one-month suspension has been condemned by the UK and Eire Malaysian Law Students Union.

"They said my case demonstrates the extensive restriction of freedom under UUCA 1971 and want the suspension lifted," he said.

Asheeq also welcomed Pakatan Harapan chairperson Dr Mahathir Mohamad's Facebook Live statement that coalition would repeal the UUCA after it won the general election.

"UUCA's repeal should have been done some time ago and not be used for political purposes," he said.

Asheeq, then a third-year UKM law student, was suspended for one semester and fined RM200 on Nov 15, 2016, for his involvement in the Tangkap MO1 rally held on Aug 27 that year.

The rally was organised following the US Department of Justice's court filing, which said that a "Malaysian Official 1" received US$731 million that originated from 1MDB.

Minister in the Prime Minister's Department Abdul Rahman Dahlan later confirmed that “MO1” does refer to Prime Minister Najib Abdul Razak.