Friday 29 Mar 2024
By
main news image

KUALA LUMPUR: PKR Youth chief Nik Nazmi Nik Ahmad, who was twice acquitted for violating the Peaceful Assembly Act (PAA), has filed a suit against the Attorney-General (A-G) for malicious prosecution and abuse of power.

Nik Nazmi, a Selangor state executive councillor, filed his court papers in the Kuala Lumpur High Court registry yesterday afternoon, and named A-G Tan Sri Abdul Gani Patail and the government as parties to his lawsuit.

He is claiming an unspecified amount of damages and other relief deemed fit by the court.

Nik Nazmi said the act of charging him the second time and to appeal against the first charge was tantamount to malicious prosecution and done in bad faith.

He said Gani also committed the tort of misfeasance in public office.

This is the second time Gani is facing a lawsuit of this nature, the first of which was filed by former top police officer Datuk Ramli Yusuff and senior lawyer Rosli Dahlan in 2013.

The High Court last year decided in favour of Ramli and Rosli. The matter is pending appeal in the Court of Appeal.

The Seri Setia assemblyman was present at the court registry when his lawyers Eric Paulsen and Melissa Sasidaran filed the court documents.

In his statement of claim, Nik Nazmi said he had organised a rally at the Kelana Jaya stadium on May 8, 2013 to protest against the Election Commission’s conduct of the 13th general election, which he said was not free and fair.

He was charged in the Sessions Court with organising the rally without giving a 10-day notice to the police, an offence which was prescribed under Section 9 (5) of the PAA.

Nik Nazmi then filed a reference application in the High Court for the Court of Appeal to rule on the constitutionality of certain provisions in the PAA.

In a landmark decision on April 25 last year, the Court of Appeal declared Section 9(5) of the PAA as unconstitutional, as an organiser could not be punished for the failure to give notice to the police.

He said Gani, in his capacity as public prosecutor, had filed an appeal in the Federal Court to overturn the findings of the Court of Appeal that is yet to be disposed of. — The Malaysian Insider

 

This article first appeared in The Edge Financial Daily, on April 1, 2015.

      Print
      Text Size
      Share