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Court will hear on magistrate’s order prohibiting participation in the Bersih 3.0 rally
KUALA LUMPUR: The Sessions court will hear on Oct 31 if it has the power to decide if a magistrate’s order prohibiting participation in the Bersih 3.0 rally at Dataran Merdeka that took place on April 28, was valid.
This was based on an application by Datuk Seri Anwar Ibrahim to quash the charges against him under the Peaceful Assembly Act, for allegedly violating a court order by taking part in the rally.
In his application to strike out the charges, Anwar had also applied to refer questions of law related to the Federal Constitution.
Anwar claimed that the charges under the Peaceful Assembly Act are not consistent with the provision that every citizen has the right to freedom of speech and expression, enshrined in the Federal Constitution.
Also charged with Anwar were Parti Keadilan Rakyat deputy president Mohamed Azmin Ali and PKR Rembau branch chief Badrul Hisham Shaharin.
The three were also charged with abetting supporters of the rally, which resulted in the use of force and violence.
Yesterday, Attorney-General's Chambers head of prosecution Abdul Wahab Mohamed told the court he had no objection for those points of law to be heard at the High Court.
Anwar’s counsel Karpal Singh, however, proposed for the High Court matter to be disposed off before the Sessions court hears the application to quash the charges.
Wahab opposed this, saying that the High Court matter was different issue.
Sessions judge Mahmud Abdullah fixed Oct 31 for hearing.