This article was last updated on April 16, 2022
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The Selangor State Assembly Deputy Speaker, Nik Nazmi Nik Ahmad is expected to be re-charged tomorrow for the offence that he was acquitted of on the 25th of April. This charge under Section 9(5) of the Peaceful Assembly Act (PAA) 2012 is for failing to provide the 10-day notice prior to the Blackout 505 rally at the Kelana Jaya Stadium on the 8th of May, 2013.
“They will serve the summons to re-charge him under Section 9(5), the same section he was acquitted of (on April 25). It is very strange and we will be taking action against it as it is outrageous,” expressed Nik Nazmi’s lawyer Latheefa Koya. Nik Nazmi, was discharged and acquitted on the 25th of April by a three-member Court of Appeal bench which unanimously ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 under which the failure to give 10-day notice before a gathering is unconstitutional and a crime.
In his ruling, the judge, Justice Mohammad Ariff Md Yusof had said, “That which is fundamentally lawful cannot be criminalised. Thus the charge and prosecution is invalid and is set aside. The applicant (Nik Nazmi) is also acquitted and discharged.” Latheefa said she was curious as to how the Attorney-General’s Chambers could re-charge Nik Nazmi. “I am curious as he was discharged and acquitted by the Court of Appeal. There are no stays (of the judgment) pending an appeal to the Federal Court,” informed Latheefa.
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