In its application, the government says Azri Awang’s originating summons, filed in July, is frivolous and vexatious.

Putrajaya wants the suit annulled under the provisions of the Rules of Court 2012, or by the court under its inherent jurisdiction.

Deputy public prosecutor Iffah Nabihah Mohd Isak, who filed an affidavit in support of the application, said the core issue in Azri’s suit is identical to one he is already raising in his criminal appeal.

She said Azri will already be arguing the constitutional point in the Court of Appeal at the hearing of a pending appeal emanating from his criminal case.

Azri’s lawyer, P Purshotaman, said the High Court in Seremban will hear the striking out application on Nov 17.

Azri, 31, contends that Section 498 of the Penal Code violates Articles 5(1) and 8(1) of the Federal Constitution.

He says the Penal Code provision deprives him of his personal liberty and that it is discriminatory since it only applies to men.

He wants the court to strike down the provision as unconstitutional or to modify the section as allowed under Articles 162(7) and 162(8) since it is a pre-independence law.

On March 6, the magistrates’ court in Kuala Terengganu found him guilty, ruling that he had committed the offence between Nov 25, 2016 and June 17, 2018.

He was sentenced to six months’ jail and a RM3,500 fine.

Earlier, during the trial, Azri made an application to refer the constitutionality of the offence to the High Court.

The magistrate dismissed the application.

He then filed for a revision of the magistrate’s decision. On May 9, the High Court dismissed the application for revision.

Azri’s present appeal to the Court of Appeal is from the dismissal by the High Court of his revision application.

A separate appeal from his conviction and sentence is pending before the Kuala Terengganu High Court.