KUALA LUMPUR: A High Court here has granted an application challenging the constitutionality of the Peaceful Assembly Act 2012 (PAA) to be referred to the Federal Court.
Judicial Commissioner Nordin Hassan said the questions raised by activists Adam Adli Abd Halim and Mohd Fariz Abd Talib touched on whether Sections 4(1)(c), 4(2)(c) and 4(3) of the Act were consistent with Articles 8, 9 and 10 of the Federal Constitution.
“I believe it is Articles 8(1), 9(2), 10(1)(a) and 10(1)(b) that the two applicants are referring to.
“I will transfer the case to the Federal Court, which will decide on their constitutionality and the Apex Court will later fix the date to hear on the issues,” he said.
JC Nordin added that only the Federal Court could decide on any constitutional issues raised in the lower courts.
Adam, 26, and Mohd Fariz, 45, filed the application on Dec 17 last year.
They were jointly charged on Sept 8 last year with participating in an illegal rally from Sogo Complex, Jalan Tuanku Abdul Rahman to the KLCC esplanade here between 4pm and 7.30am on Feb 28 within the same year.
The duo were charged under Section 4(2)(c) of the Act and were punishable under Section 4(3) of the PAA.
Adam and Mohd Fariz were represented by counsel Melissa Sasidaran while Raja Zaizul Faridah Raja Zaharudin was the deputy public prosecutor.
On July 5, the Federal Court ruled that only it was empowered to decide on legal questions pertaining to the constitutionality of the law.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin said the High Court did not have the jurisdiction and power to decide on constitutional issues when the record of proceedings were transmitted to the High Court by a subordinate court.