Ragunath Kesavan said the apex court ought to have heard and decided the matter because the public prosecutor had charged several people.
“For the government, Section 4 (2) (c) of the PAA is legal while the accused persons are claiming otherwise.
“So, as arbiter of a dispute, the court should make a ruling,” he told FMT.
Furthermore, he said, there was a ruling now that only the Federal Court can decide on matters related to constitutional issues.
Ragunath said this in reference to yesterday’s court directive to order seven people, including three MPs, to face trial for participating in street protests under the PAA last year.
A five-man bench, led by Chief Justice Ariffin Zakaria, said there were no facts of proceedings from the trial court to decide on the constitutionality of the provision.
Arifin said the defendants (the seven) were at liberty to make reference to the Federal Court after a finding of facts had been made.
Ragunath said finding of facts could differ from one case to another and the lower courts could not acquit them on grounds that the charge was unconstitutinal.
“So, this has put the lower court, including the High Court, in a dilemma.”
Kuching MP Chong Chieng Jen and Stampin MP Julian Tan Kok Ping were charged with participating in a Bersih 4 rally on Aug 29 last year in Kuching.
Meanwhile Bayan Baru MP Sim Tze Tzin , activists Maria Chin Abdullah, Mandeep Singh, Fariz Musa and Adam Adli Abdul Halim were also charged under the same law.
The five were charged with participating in the #KitaLawan Rally on Feb 28 last year at the Sogo shopping mall and Esplanade KLCC.
If found guilty, they could be fined up to RM10,000 while the three MPs could be disqualified from holding office and contesting in the next election if they are fined more than RM2,000.
All were charged in the subordinate court but the High Courts referred their matter to the Federal Court to determine the constitutionality of Section 4 (2) (c) of the PAA.
A Kuala Lumpur High Court had framed three constitutional questions for the apex court to answer.