The attorney-general has instructed that Seri Setia assemblyperson and Selangor deputy speaker Nik Nazmi Nik Ahmad be recharged under the Peaceful Assembly Act 2012 (PAA) tomorrow.
This is despite the Court of Appeal having acquitted Nik Nazmi on a PAA charge on April 25, when it declared the punishment under Section 9(5) of the Act as unconstitutional.
Lawyer Latheefa Koya (left) said Nik Nazmi's lawyers have been informed of this and that the police would be serving a summons on Nik Nazmi tomorrow morning.
"He will then be charged in the sessions court in Petaling Jaya. The police told me this was under the instructions of the attorney-general (Abdul Gani Patail) himself," Latheefa toldMalaysiakini.
“As we got to know, Nik Nazmi will be charged under Section 9 (5), the very same section that is declared unconstitutional. This is certainly outrageous.
“The lawyers have received the AG's Chambers' notice of appeal against the Court of Appeal decision, but we did not expect this re-charge,” she said, adding that they will know more tomorrow, after receiving the summons.
Latheefa, who is the head of the PKR legal bureau, said the mention of the original case against Nik Nazmi, under the PAA, before the sessions court in Petaling Jaya had been fixed for today. Lawyer Eric Paulsen informed the court of the Court of Appeal decision.
No inkling Nik Nazmi will be recharged
“There was no inkling of Nik Nazmi being re-charged. However, in the afternoon, we received a call from the police informing us that Nik Nazmi will be served a summons,” she said.
Normally, a person cannot be charged under the same offence for which he or she has been acquitted.
Nik Nazmi was acquitted of the charge of not giving police the 10-day notice for the Kelana Jaya stadium Black 505 rally, several days after last year's May 5 general election.
On April 25, the Court of Appeal in its landmark and unanimous decision declared Section 9(5) of the PAA, which punishes those who do not give 10 days' notice before an assembly is held, to be unconstitutional.
In other words, the authorities cannot criminalise organisers for not giving the notice and the court then declared the punishment of RM10,000 fine as null and void.
The panel, led by Justice Mohd Ariff Mohd Yusof, said there was nothing in the Act that allows the authorities to declare a peaceful assembly as illegal. The others on the bench were former Malaysian Bar president Mah Weng Kwai and Hamid Sultan Abu Backer.
Justice Mah, declared both Section 9(1) that requires the 10 days' notice and Section 9(5), (which is the punishment for notice not given), as unconstitutional.
However, Justice Ariff and Justice Hamid, in their separate judgments, declared that only Section 9(5) was unconstitutional.
This is despite the Court of Appeal having acquitted Nik Nazmi on a PAA charge on April 25, when it declared the punishment under Section 9(5) of the Act as unconstitutional.
Lawyer Latheefa Koya (left) said Nik Nazmi's lawyers have been informed of this and that the police would be serving a summons on Nik Nazmi tomorrow morning."He will then be charged in the sessions court in Petaling Jaya. The police told me this was under the instructions of the attorney-general (Abdul Gani Patail) himself," Latheefa toldMalaysiakini.
“As we got to know, Nik Nazmi will be charged under Section 9 (5), the very same section that is declared unconstitutional. This is certainly outrageous.
“The lawyers have received the AG's Chambers' notice of appeal against the Court of Appeal decision, but we did not expect this re-charge,” she said, adding that they will know more tomorrow, after receiving the summons.
Latheefa, who is the head of the PKR legal bureau, said the mention of the original case against Nik Nazmi, under the PAA, before the sessions court in Petaling Jaya had been fixed for today. Lawyer Eric Paulsen informed the court of the Court of Appeal decision.
No inkling Nik Nazmi will be recharged
“There was no inkling of Nik Nazmi being re-charged. However, in the afternoon, we received a call from the police informing us that Nik Nazmi will be served a summons,” she said.
Normally, a person cannot be charged under the same offence for which he or she has been acquitted.
Nik Nazmi was acquitted of the charge of not giving police the 10-day notice for the Kelana Jaya stadium Black 505 rally, several days after last year's May 5 general election.On April 25, the Court of Appeal in its landmark and unanimous decision declared Section 9(5) of the PAA, which punishes those who do not give 10 days' notice before an assembly is held, to be unconstitutional.
In other words, the authorities cannot criminalise organisers for not giving the notice and the court then declared the punishment of RM10,000 fine as null and void.
The panel, led by Justice Mohd Ariff Mohd Yusof, said there was nothing in the Act that allows the authorities to declare a peaceful assembly as illegal. The others on the bench were former Malaysian Bar president Mah Weng Kwai and Hamid Sultan Abu Backer.
Justice Mah, declared both Section 9(1) that requires the 10 days' notice and Section 9(5), (which is the punishment for notice not given), as unconstitutional.
However, Justice Ariff and Justice Hamid, in their separate judgments, declared that only Section 9(5) was unconstitutional.
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