UKM activist applies to transfer his case to UM4's judge

Student activist Asheeq Ali Sethi Alivi has filed an application for his legal challenge against Universiti Kebangsaan Malaysia to be heard by the same judge slotted to hear a similar challenge against Universiti Malaya.

Asheeq's lawyer, A Surandra, said the application was made to avoid conflicting judgments between two judges hearing a similar case challenging the constitutionality of the universities' decision to suspend students for their involvement in last August's "Tangkap MO1" rally.

"The UM4 case is under Justice S Nantha Balan while our (Asheeq)'s case is under Hanipah Farikullah.

"We do not want conflicting judgments from the two hearings, so we have filed the application to transfer our case," Surandra told reporters at the Kuala Lumpur Court Complex lobby this morning.

He said the court fixed Feb 28 to hear Asheeq's case transfer application.

Another case management date has also been set for Feb 13, he added.

Asheeq had filed his challenge against UKM on Dec 18 last year while Kesatuan Mahasiswa Malaysia chairperson Anis Syafiqah Md Yusof and three others from Universiti Malaya filed their originating writ of summons on Dec 27.

Asheeq, Anis Syafiqah and two others - Mohamad Luqman Nul Haqim Zul Razali and Muhamad Luqman Hakim Mohd Fazli - were suspended for their participation in the "Tangkap MO1" rally in Kuala Lumpur.

The fourth UM student, Suhail Wan Azhar, was fined RM400.

All of them named their alma maters, the higher education minister and the government as defendants in their suits to have the disciplinary proceedings against them to be declared unlawful.

They are also seeking a declaration that Section 15(3) (b) of the University and University Colleges Act 1971 (UUCA) and Regulations 3 and 13 of Kaedah-Kaedah Universiti Malaya (Tatatertib Pelajar-Pelajar) (UM Discipline of Students Regulations 1999) violate their rights to freedom of speech and expression and to assemble peacefully.

Alternatively, they are seeking a declaration that Section 15 (3) (b) of the UUCA and the two regulations contravene Article 10 (1) (a) and (b) of the Federal Constitution on the regulation their conduct in tertiary institutions outside the campus.- Mkini