Gani said Nik Nazmi was fined RM1,500 last year for organising the Black 505 rally in 2013.
“As such, his action for misfeasance in public office is frivolous, vexatious and an abuse of court process,” Gani said in court documents sighted by FMT.
On Dec 8 last year, Nik Nazmi, in a surprise turn of events, decided to plead guilty in the Shah Alam High Court to organising the mammoth gathering in protest of the May 5, 2013 general election outcome.
He committed the offence by failing to give the mandatory 10-day notice to police under the Peaceful Assembly Act (PAA) 2012 regarding the gathering at Stadium Kelana Jaya on May 8, 2013.
However, the fine allowed the PKR assemblyman for Seri Setia to continue holding public office.
The Selangor constitution states that an elected representative is only disqualified from holding public office if jailed more than a year or fined a minimum of RM2,000.
Nik Nazmi was first charged with the offence in May 2013 in the Sessions Court but the Court of Appeal acquitted him in April the following year on grounds that the section that provided for a maximum RM10,000 fine was unconstitutional.
He was again charged in the lower court with the same offence in May 2014 but the High Court threw out the government’s appeal as it was bound by the Court of Appeal ruling.
The prosecution in 2015 charged Nik Nazmi for the third time for organising the rally and he pleaded guilty to the offence.
On March 31, 2015, Nik Nazmi filed the suit, alleging that he had been the victim of malicious prosecution. He named Gani and the government as respondents to the suit.
Gani, in his defence, said his act was purely an exercise of discretion vested in him by law and not done in bad faith.
He said there must be a charge hanging over Nik Nazmi because the government had appealed against the Court of Appeal decision to the Federal Court.
“He was charged to preserve the integrity of the appeal in the Federal Court.”
He said the government finally withdrew the appeal in the Federal Court.
Counsel Syahredzan Johan told reporters that he had applied for an adjournment as he needed more time to reply to Gani and the government’s submissions.
“The judge (Ahmad Zahidi Ibrahim) will hear our submission on May 17,” he said.