KUALA LUMPUR: A restriction order preventing Datuk Seri Anwar Ibrahim and Pakatan Rakyat supporters from holding an assembly in front of Parliament House last year will debated at the magistrate’s court.
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High Court judicial commissioner Zainal Azman Ab Aziz yesterday allowed an appeal by Anwar to set aside the restriction order.
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He said the magistrate had erred when he decided that the court need not hear Anwar’s application as it had become academic.
The magistrate’s court had on July 13 last year granted an ex-parte order to the Sentul police chief which prohibiting Anwar and Pakatan’s supporters from holding the assembly to present a motion of no confidence against the then prime minister, Tun Abdullah Ahmad Badawi.
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The assembly was scheduled for July 14.
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Anwar applied to set aside the order five days later on July 18 last year and it was heard on Dec 15 The prosecution raised a preliminary objection saying that Anwar’s application had become academic as the order had lapsed. It said the application ought to have been heard within seven days of the order being granted.
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The magistrate’s court allowed the prosecution’s objection and dismissed Anwar’s application on Dec 15.
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Anwar, 62, then appealed to the High Court on the ground that the application had not become academic and could still be heard in the public interest.
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In his judgment yesterday, Zainal Azman said the application was made within the seven-day period but was heard after the expiry of that period.
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“So whether or not the matter is still ‘alive’ is not the question. The application was made according to procedure and should be heard on its merit.” Anwar was represented by Lai Chee Hoe.
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