Undergrad sues UKM over right to peaceful assembly

Asheeq Ali Sethi Alivi, 21,(left) who is a law student at Universiti Kebangsaan Malaysia (UKM), spoke to media about his lawsuit at the KL Court complex here yesterday.Beside him is his lawyer A.Surendra.

KUALA LUMPUR: An undergra­duate has taken a university and two others to court, stating that it is his constitutional right to freedom of expression and assemble peacefully.

In his court papers, Asheeq Ali Sethi Alivi, 21 (pic), named Univer­siti Kebangsaan Malaysia (UKM), the Higher Education Minister and the Government as defendants.

The third-year UKM law student said he was issued with a suspension order for participating in a rally on Aug 27 last year.

He is seeking a declaration that the Universities and University Colleges Act 1971 and the UKM (Discipline of Students) Rules 1999 do not exclude university students from exercising their right to freedom of speech and expression, as well as to assemble peacefully outside campus, as guaranteed under the Federation Constitution.

He is asking for costs and any further relief deemed fit by the court.

High Court (Appellate and Special Powers) judge Justice Hanipah Fari­kullah fixed Feb 13 for the Attorney-General’s Chambers (AGC) to update whe­ther it wants to file an application to strike out the originating summons filed by the student.

After the proceedings in chambers yesterday, Asheeq Ali’s lawyer A. Surendra said the AGC represen­tative was absent for the case.

Surendra said UKM, through its lawyer M. Anthony, wanted to apply for security of costs from the student, and that this application was now ordered by the judge to be disposed of before a registrar.

Surendra said Asheeq Ali also wanted to file an application to transfer the case to another High Court which has a similar matter invol­ving four Universiti Malaya students.

He said Justice Hanipah had set Feb 28 to hear the transfer bid.

“UKM is going to object this transfer application. The parties have been ordered to file submissions for the transfer bid,” he said.

In his statement, Asheeq Ali said that on Sept 27, UKM had issued a show cause letter to him for participating in the #TangkapMO1 rally.

He said he was found guilty and the sentence was upheld by UKM’s board last week and fined RM200 and suspended for a month from Jan 12.

UKM, however, has agreed to stay the suspension pending dispo­sal of this lawsuit.