Celebrations over Friday's Court of Appeal ruling which declared the punishment for not giving a 10-day notice before a public assembly as unconstitutional, could be premature.
 
The April 25 ruling was part of a unanimous decision to strike out the charge against Selangor deputy speaker Nik Nazmi Nik Ahmad under Section 9(5) of the Peaceful Assembly Act 2012 for his involvement in the Black 505 rally shortly after the 13th General Election.
 
The declaration that Section 9(5) is unconstitutional can still be appealed at the Federal Court, said lawyer Syahredzan Johan (right) who is part of Nik Nazmi's defence team.
 
This is despite Nik Nazmi's case having begun at the Sessions Court, a subordinate court which final avenue of appeal is at the Court of Appeal.
 
Syahredzan explained this was because the application to challenge the constitutionality of Section 9(5) was filed at the High Court, therefore allowing the appeal to go up to the Federal Court.
 
"Although the trial was supposed to take place at the Sessions Court, the application (challenging the constitutionality) was filed in the High Court," he told Malaysiakini when contacted.
 
However, Syahredzan said to date, the deputy public prosecutor had yet to reveal whether they plan to challenge the ruling.
 
"As far as we are concerned, there have been no indications they are going to appeal," he said.
 
Syahredzan said the government has 30 days from the date of the ruling to appeal the decision before it becomes final.