Court sets Jan 16 to decide on sedition accused's application

SHAH ALAM: An accused in a sedition case wants the Sessions Court to refer questions involving constitutional issues to the High Court for determination.
Uztaz Wan Ji Wan Hussin had claimed trial to a charge under Sedition Act 1948 for allegedly posting seditious words on his Facebook about the Sultan of Selangor at about 10am on Nov 5, 2012.
Sessions judge Slamat Yahya will decide on Jan 16 on whether to refer two questions to the High Court.
He set the date after hearing submissions from both parties; Wan Ji's lawyer N. Surendran and deputy public prosecutor Azari Harun.
During the submission, Surendran said the Sessions Court has no jurisdiction to decide on questions involving Constitution and that the High Court has the jurisdiction to hear the matter.
"The Sedition Act is a 'pre-Merdeka' law as it was legislated by the British Legislative Council and not an act passed by the Parliament," he said.
Surendran said only acts passed by Parliament could restrict right of "freedom of speech", which is stated under Article 10 of the Federal Constitution.
He asked whether the act, which restricts rights under Article 10, is in line with the Constitution.
Surendran said the second questions relates to a Court of Appeal decision in the case of Selangor state executive councillor Nik Nazmi Nik Ahmad in April 2014.
Surendran said the Appellate Court in its judgment had ruled that Parliament can't criminalise fundamental rights under Articles 9 (freedom of movement) and 10 of the Federal Constitution.
In reply, Azari raised a preliminary objection saying the questions, which were raised by Wan Ji, have been discussed and decided by the higher courts.
"There is no questions to refer," said Azari.
He said the application should be rejected as there is no issue to be decided by the High Court or Court of Appeal.