However, they also said it must not be seen as going after opposition politicians and those against the establishment.

Lawyer S N Nair said the public prosecutor, who is also the attorney-general has a right to appeal but it must done based on sound grounds.

“It should not be done for frivolous motives, perceptive or not,” he told FMT.

Nair said this in response to the government filing an appeal against dance producer Bilqis Hijjas’s acquittal for dropping yellow balloons at an event attended by Prime Minister Najib Razak and his wife.

She was accused of dropping the balloons from the fifth floor of the Pavilion shopping mall in Bukit Bintang on Aug 31, 2015, while Najib and Rosmah Mansor were attending the International Arts Festival on the ground floor.

The dropping of the balloons, carrying the words “Democracy”, “Free Media” and “Justice” followed the Bersih 4 rally which had taken place a day earlier.

The offence carries a fine of not more than RM100 upon conviction.

In another matter, the Court of Appeal (COA) yesterday threw out the government’s appeal to increase the fine imposed on Seri Setia assemblyman Nik Nazmi Nik Ahmad for organising a mammoth gathering in protest against the 2013 general election.

Justice Mohtarudin Baki, who chaired a three-man bench, said the RM1,500 fine meted out by the High Court was not “manifestly inadequate” and the appeal lacked merit.

Nik Nazmi was charged with the same offence three times despite the COA having ruled in April 2014 that punishing a rally organiser for facilitating a peaceful gathering was unconstitutional.

In 2016, Nik Nazmi decided to plead guilty to the offence in the Shah Alam High Court after the prosecution called in three witnesses.

The fine which was below RM2,000 allowed Nik Nazmi to remain an assemblyman.

Nair said in Bilqis’ case, the offence was not as serious as murder and the appeal could be seen as a witch hunt.

Former deputy public prosecutor (DPP) Shamsul Sulaiman said the government had the right to appeal because it involved the prime minister who was affected.

“The prime minister is not like any other member of the public. What is there to stop others from acting in that way in the future,” he asked.

Shamsul, who is a lawyer now, said the public prosecutor must have his reasons to file the appeal.

Shamsul, who was DPP for 20 years until 2009, said the appeal in the High Court would also determine whether the magistrate had come to the correct finding.

Lawyer M Visvanathan said the government would have spent more money and resources prosecuting Bilqis compared with the maximum fine allowed for the offence.

“I think the prosecutor should concentrate on prosecuting and appealing in other cases which have a bigger impact on public interest,” he added.

Visvanathan said recent cases that went to the court appeared to give the impression that there was selective prosecution.

“Why did the public prosecutor refuse to file an appeal when political analyst Abdul Razal Baginda was freed without defence called in 2008 for abetting in the murder of Altantuya Shaariibuu?” he asked.

Visvanathan said over the last three years Bilqis spent a lot of time in the courts, especially when her matter went to the High Court after the trial judge intitially freed her without calling for defence.

On Nov 27 last year she was acquitted after she had entered defence.

“This experience would have served her a lesson and she would have the wisdom not to repeat it,” he said.