SHAH ALAM – The Sessions Court here today granted the application by a public speaker, Wan Ji Wan Hussin, to refer the constitutional issue on the charge made against him under the Sedition Act 1948, to the High Court.
Judge Slamat Yahya granted the application according to Section 30 of the Courts of Judicature Act 1964.
He said the court was bound by the decision of a higher court on similar cases.
“As such, the court hereby allowed the case to be referred to the High Court,” he said.
Slamat, however, rejected Wan Ji’s application to postpone the hearing of the case pending the High Court’s decision on the issue.
The judge said this was because if postponed, it would take more time for the case to be solved.
The trial was set for five days beginning May 5.
On Jan 5, Wan Ji, 33, made an application to refer his sedition case to higher court to determine whether the Sedition Act 1948 was consistent with the Federal Constitution and whether it contradicted Article 10 of the constitution on freedom of speech.
He was charged with publishing seditious publication insulting the Sultan of Selangor Sultan Sharafuddin Idris Shah through his Facebook page at 10 am on Nov 4, 2012.
He was alleged to have committed the offence at the Selangor State Secretary, Housing Office at Tingkat 5, Bangunan Sultan Salehuddin Abdul Aziz Shah, Seksyen 5 here.
Wan Ji was charged under Section 4 (1)(C) of the Sedition Act 1948 and punishable in accordance with Section 4(1) of the same Act which carries a maximum fine of RM5,000 or imprisonment of up to three years or both, if convicted.
Wan Ji was represented by lawyers N. Surendran, Latheefa Koya and Radzlan Jalaludin, while Selangor Prosecution Unit Chief Mohd Azari Harun prosecuted. – BERNAMA