High court dismisses Nik Nazmi’s application

(MM) – The Shah Alam High Court today dismissed the application by Parti Keadilan Rakyat (PKR) communications director Nik Nazmi Nik Nik Ahmad to drop the charge against him for organising a rally at Stadium Kelana Jaya on May 8.

Nik Nazmi, who was charged under Section 9(1) of the Peaceful Assembly Act 2012 of organising the rally without giving a 10-day prior notice to the police as required under the Act, faces a fine of not more than RM10,000, upon conviction.

In her judgement, Judge Noor Azian Shaari said she disagreed with the applicant’s submission that the charge was contradictory to the Federal Constitution.

Noor Azian said Sections 9(1) and 9(5) of the Act did not contravene the Federal Constitution and neither were they unreasonable provisions because Article 10(2) provides that any law necessary for national security can be enforced even though the public have the right to assemble peacefully under the same Article.

She also said that the applicant’s allegation that the charge was politically motivated was merely to spice up his story.

She added that this issue should be raised at the Petaling Jaya Sessions Court where he was charged and would be tried and that she believed the police and prosecutors had a valid reason for charging him.

Nik Nazmi had pleaded guilty at the Sessions Court on May 17 and filed an application on Aug 21 at the Shah Alam High Court to set it aside.

He was represented by counsels Eric Paulsen and Syahredzan Johan, while the prosecution was conducted by deputy public prosecutor Wan Shaharuddin Wan Ladin.

The case re-mention is scheduled for Nov 12 at the Petaling Jaya Sessions Court.