KUALA LUMPUR (July 27, 2009): The High Court here today ordered that Datuk Seri Anwar Ibrahim's application to set aside a prohibition order on assembling in front of the Parliament building be remitted to the magistrate's court for hearing and decision.
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Judicial Commissioner Zainal Azman Abdul Aziz held that the magistrate had erred in deciding that the former deputy prime minister's application need not be heard because it had become academic.
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He made the order after allowing Anwar's appeal against the magistrate's decision which was made on Dec 15 last year.
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On July 13 last year the magistrate's court issued an ex-parte order under Section 98 of the Criminal Procedure Code (CPC) to the Sentul OCPD prohibiting Anwar and his supporters from assembling in front of the Parliament building to present a motion of no confidence against the then prime minister, Datuk Seri Abdullah Ahmad Badawi.
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Five days later, Anwar filed an application to quash or set aside the order.
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On Nov 21 last year the prosecution raised a preliminary objection on ground that there was no live issue to be tried as the order had lapsed seven days after its issuance on July 13 last year, as provided for under section 98(5) of the CPC.
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On Dec 15 the magistrate's court allowed the preliminary objection and dismissed Anwar's application.
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Anwar then applealed to the High Court on the ground that the application had not become academic and could still be heard and decided on in the public interest.
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Zainal Azman, in his judgment said the application was made within the seven-day period but was heard after the expiry of that period, so whether or not the matter was still "live" was not the question.
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The application was in order and should be heard on its merit, he added. Anwar was represented by counsel Lai Chee Hoe while deputy public prosecutor Noorin Badaruddin appeared for the prosecution. -- Bernama
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