Selangor exco Nik Nazmi Nik Ahmad has filed a suit against Attorney-General Abdul Gani Patail and the government for malicious prosecution and misfeasance in public office.

This followed the Court of Appeal freeing Nik Nazmi, who is also the Seri Setia assemblyperson and PKR Youth chief, of a charge under Section 9 (1) of the Peaceful Assembly Act for not giving a 10 day notice for a Black 505 rally, where such requirement was declared as unconstitutional.

Nik Nazmi ( pix below, hand raised ) filed the suit at the Kuala Lumpur High Court through the firm of RamRais and Partners this afternoon.

He is seeking general, aggravated and exemplary damages along with another RM80,000 in special damages for the prosecution's action in levelling a second similar charge on him despite the first one resulting in a discharge and acquittal.

In his suit filed today, Nik Nazmi states the Black 505 rally in 2013 was held in protest of the 13th general election held on May 5 last year where he claimed there were several irregularities or election offences committed.

The Pakatan Rakyat coaltion of which PKR is a member obtained 52 per cent of the popular vote though BN still managed to obtain the majority number of parliament seats. He claimed that the Black 505 rally or information sessions had to be held quickly to highlight the alleged cheating that had occurred.

As the PKR director of communications then, Nik Nazmi said he had to coordinate and be responsible for holding the events. On May 8, a gathering was held at the Stadium MBPJ Kelana Jaya and had had informed the Petaling Jaya OCPD on this.

The May 8 rally at the Kelana Jaya stadium was held without any incident.

Bound by higher court's decision

On May 17, 2013, Nik Nazmi was charged at the Petaling Jaya Sessions Court  with having organised the rally without giving the proper 10 day notice.

However, on April 25 last year, the Court of Appeal ruled that Section 9(5) of the Peace Assembly Act was null and void and thus Nik Nazmi was discharged and acquitted.

The prosecution filed an appeal on the decision with the Federal Court and is awaiting its decision.

On May 5th last year, the PJ Sessions Court confirmed the Court of Appeal’s decision and granted a discharge and acquittal. The Attorney-General’s Chambers filed an appeal to the Shah Alam High Court and on Nov 27, the court rejected the appeal by the prosecution and affirmed Nik Nazmi’s discharge and acquittal.

But on May 6 this year, Nik Nazmi was charged for the second time with a similar offence for which he had been acquitted the first time.

However, the Petaling Jaya Sessions Court granted a discharge not amounting to an acquittal - on the same he was charged - on the grounds that it was bound with the Court of Appeal decision.

Nik Nazmi said the second charge imposed on him meant that he was a criminal or a hardened criminal who is a threat to public security or would bring public harm. This despite the Court of Appeal decision which declared Section 9(5) as null and void.

He claimed the second charge had affected his reputation as a national politician, deputy state speaker, assemblyperson and a state exco member.

Intended to frighten

He further claimed that as a result of the charge and appeal, he had to spend a lot of time and money to answer to the charges at the Sessions Court and at the High Court.

Nik Nazmi further claimed the actions by Abdul Gani Patail were discriminatory and were intended to frighten him.

For these reason, he said, he was instituting the legal action. Nik Nazmi was represented by his lawyers Eric Paulsen, Syahredzan Johan and Melissa Sasidaran.