KUALA LUMPUR: The Sessions Court here has referred to the High Court Universiti Malaya law lecturer Dr. Azmi Sharom's constitutional challenge of his charge under Section 4(1) of the Sedition Act 1948.
In handing down his decision, Sessions Court judge Zanol Rashid Hussain agreed Azmi had raised a constitutional issue which required determination.
Zanol said the matter had to be referred to the High Court as the Sessions Court did not have the jurisdiction to hear the challenge.
He set Nov 7 for case mention to allow for the constitutional challenge to be heard before the High Court.
Dr Azmi, 45, had applied for an order that the Sessions Court refer his sedition case to the High Court for its determination over the constitutionality of Section 4(1) of the Sedition Act 1948.
His legal team had on Sept 17 challenged the constitutionally of Section 4(1) of the Sedition Act 1948, arguing that as a pre-Merdeka law it could not restrict freedom of speech.
Counsel Gobind Singh Deo argued that Article 10 (2) of the Federal Constitution only allows Parliament power to impose restrictions on freedom of expression, assembly and association.
Azmi had claimed trial on Sept 2 to making alleged seditious comments about the Perak crisis in an online news portal article.
Azmi, who is a columnist with The Star, was charged under Section 4 (1)(b) of the Sedition Act, with an alternative charge under Section 4 (1)(c) of the same Act.He faces a maximum fine of RM5,000 or jail not exceeding three years or both.