Gerakan files application to challenge constitutionality of hudud code

The Kelantan assembly tabling the hudud bill in Kota Baru last week. Barisan Nasional component party Gerakan today filed an application at the Kota Baru High Court to challenge the constitutionality of the state’s Shariah Criminal Code. – The Malaysian Insider pic, March 25, 2015.

Gerakan today filed an application in the Kota Baru High Court to challenge the constitutionality of the Kelantan Shariah Criminal Code which was unanimously passed by the state legislative assembly last week.

Lawyer Andy Yong said a sealed copy of the application was served on a senior government official this afternoon.

He said the applicants were Tuan Mat Tuan Wik, Soh Hoon Lee and Chung Mon Sie, all of whom reside in the state, while the respondent is the Kelantan government.

"This is a fresh application to have the matter referred to the Federal Court in Putrajaya," he told The Malaysian Insider.

He said the application, made under Section 84 of the Courts of Judicature Act 1964, is to get the apex court to decide on whether hudud could be implemented under the present constitutional scheme.

Yong said the court had fixed case management on April 6 and the application to refer the matter would be heard on April 20.

He also confirmed that retired judge Datuk Seri Gopal Sri Ram was their legal consultant and assisting in the filing of the action.

Gerakan filed an originating summons last Wednesday, the same day as the Shariah Criminal Code II Enactment 1993 (Amendment 2015) was tabled in the Kelantan legislative assembly.

All 44 assemblymen voted in favour of the bill the next day.

Its easy passage was expected as PAS enjoyed a two-thirds majority in the legislative assembly and the Sultan of Kelantan, Sultan Muhammad V, had also voiced his support for the implementation of hudud in the state.

The assemblymen, consisting of 31 from PAS, 12 from Umno and one from PKR, only took two days to debate the bill, indicating that even Umno, the state's opposition, was willing to give the PAS government the space and opportunity to implement hudud.

Hudud provides for death by stoning for adultery with married partners, whipping of between 40 times and 80 times for consuming alcohol, and amputation of limbs for theft.

The Malaysian Insider reported yesterday that Prime Minister Datuk Seri Najib Razak could rely on the judiciary for an escape route to remain non-committal about Barisan Nasional's (BN) stand on the hudud issue.

This is since Gerakan, a BN component party, has gone to court.

Sources added that Najib and other Umno leaders would now have an excuse from making public comments on the hudud issue on the grounds of sub judice and would wait for the outcome of the court proceedings.

Last Thursday, Najib met leaders of the 12 BN component parties after the Kelantan assembly passed the bill.

Sin Chew Daily quoted MCA president and Transport Minister Datuk Seri Liow Tiong Lai as saying most ministers were against Kelantan's hudud as it was unconstitutional.

Liow said at a Cabinet meeting on Friday that most of the ministers present were of the opinion that PAS's push for hudud was an attempt to turn Malaysia into a theocratic state.

He said the Cabinet was very concerned and wanted to handle the "PAS conspiracy" carefully.

Najib has yet to make an announcement on BN's stand although Liow said the prime minister was to do so in a day or two after cabinet meeting last week.

Today, DAP's parliamentary leader Lim Kit Siang said Najib should be given until Friday to see if he was prepared to uphold the supremacy of the constitution and rule of law.

PAS president and Marang MP Datuk Seri Abdul Hadi Awang is seeking to table a private member’s bill in Parliament during the current sitting to enable Kelantan to enforce hudud laws in the state, despite opposition from allies PKR and DAP.

The bill is to amend the Shariah Courts Act (Criminal Jurisdiction) 1965, which limits the power of the Shariah courts to a maximum penalty of RM3,000 in fine, five years jail and six strokes of the rotan.

However, PKR and DAP said hudud laws were not part of the Pakatan Rakyat (PR) pact's common stand and have spoken out against the bill.

DAP which met on Monday night took the position to remain in PR but would sever ties Hadi, a stand several observers said was bizarre.

PKR on Saturday had announced the party would not support PAS's hudud bill should it table it in Parliament, saying the Islamist party acted unilaterally in the matter and had gone against the PR leadership council's decision.

- TMI