Activists Adam Adli and Fariz Musa have been given the green light to question the constitutionality of a charge they face under the Peaceful Assembly Act (PAA).
Judicial Commissioner Nordin Hassan will refer whether Sections 4(1)(2), 4(2)(c) and 4(3) of the PAA was ultra vires Articles 8, 9, and 10 of the Federal Constitution on fundamental liberties.
“In light of the recent Federal Court ruling on Gan Boon Aun, I will refer the question to the Federal Court,” he said.
He added that he would confine questions to Articles 8(1), 9(2), 10(1)(a) and 10(1)(b).
Last month, the apex court in Gan’s case, ruled that it has powers to decide on legal questions relating to the constitutionality of the law. The record of proceedings had been transmitted to the High Court by a subordinate court.
Both Adam and Fariz have been charged with participating in the #KitaLawan rally on February 28 last year at the Sogo shopping mall and Esplanade KLCC.
They can be fined up to RM10,000 if found guilty.
Ho Kit Yen