The Shah Alam High Court today struck out an application by Sri Muda state assemblyperson Shuhaimi Shafiei to drop a sedition charge filed against him.

Justice Noor Azian Shaari gave two reasons for her decision, firstly stressing that the PKR leader had used the wrong procedure to push forward his application through a notice of motion.

She said the proper procedure would have been to file his application at a civil court, declaring the charge to be unconstitutional.

NONENoor Azian also pointed out that the Sedition Act 1948 - under which Shuhaimi (extreme left in photo) is being charged - is constitutional as there are provisions under the federal constitution that permit restrictions on freedom of speech.

The decision adds pressure on Shuhaimi, who stands to lose his seat if found guilty. Under the law, an elected representative would be disqualified if fined RM2,000 or jailed for not less than a year.

Section 4(1) of the Sedition Act, under which Shuhaimi's charge is framed, carries a sentence of no more than RM5,000 fine, or three years jail or both if found guilty.

Edmund Bon, who is on Shuhaimi's panel of defence lawyers, said they intend to file an appeal against the decision.

"We asked for a stay in the proceedings, but the judge said we must file a written application for the stay. We will do the necessary," he said when met outside the court.

Shuhaimi was formally charged on Feb 7, for posting an article in his blog that allegedly questioned the Sultan of Selangor's judgement in appointing Mohamad Khusrin Munawi as state secretary.

The issue sparked a string of protests among Malay rights groups, which lodged police reports against Shuhaimi claiming sedition and treason against the royal institution.

Shuhaimi's case is scheduled for mention on Sept 12.