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Tuesday, December 11, 2012

Kelantan exco: Local council can summon non-Muslims

The Kota Baru Municipal Council is empowered, under its by-laws, to summon non-Muslims for indecent behaviour, Kelantan state executive councillor Takiyuddin Hassan said today.


NONETakiyuddin (right), who is in charge of the state housing, tourism, arts and culture committee, said similar summonses have been issued to non-Muslims by the Kuala Lumpur City Hall (DBKL) as well.

"Previously, there was a case where DBKL summoned a non-Muslim couple for indecent behaviour at the KLCC park.

"All local authorities have by-laws covering parks and recreational areas. This by-law does not only exist in Kelantan, for all local councils have it," Takiyuddin said when contacted by Malaysiakini.

Only authorised parties are allowed to issue these summons, he stressed when asked to respond on the jurisdiction of local authorities to issue summonses to non-Muslims, as raised in some mainstream newspaper reports yesterday.

Last week four non-Muslims were summoned by the Kota Baru Municipal Council for indecent behaviour.
Cases may be discussed by exco tomorrow
In the first case, two men watching airplanes at the Sultan Ismail Petra Airport at night from their parked vehicle were summoned for allegedly kissing each other.

The second case involved a teenaged couple, with the male being summoned for giving his girlfriend a piggyback ride in a public park.
However Takiyuddin declined to comment on the allegations against on the individuals booked, saying that the issue might be discussed at the state executive council meeting tomorrow.

"I have no power to speak. We have an exco meeting on Wednesday, at which these issues may be discussed," he said.

The DBKL case referred to by Takiyuddin took place on Aug 23, 2003, where the non-Muslim couple was summoned under Section 8 (1) of the Parks By-laws (Federal Territory) 1981 for allegedly "kissing and hugging"in the KLCC park.

The couple took the matter to court and eventually, the Federal Court ruled that DBKL was acting in accordance with the constitution.

In a related development, a 17-year-old teenager who was summoned for giving his girlfriend a piggyback ride, told English dailyThe Star that he did not think that his action was an offence.
'We were just fooling around, in broad daylight'

"The incident was traumatic for me and my girlfriend because, although I am not an expert in council by-laws, I think what I did was merely having fun with my girlfriend. It was far from an offence.

"We were just fooling around in broad daylight, like any other teenager, but the officer who approached us said it was improper for us to act like that in public.

"He continued giving us a lecture on morality and when I thought that we would be let off with a warning, he issued us the summons," the teenager is quoted as saying.

Sin Chew Daily also reported that the two men who were issued with summons have denied the allegation against them and instead accused the enforcer of asking them for a bribe before the summons was issued.

During a press conference, the Chinese daily reported, a relative of one of the men claimed that the Kota Baru council officer asked for RM500 "to resolve the matter" and then reduced the amount to RM200, which the men also refused to pay.

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