On Act 355, Anwar prefers more holistic amendments

PKR de facto leader Anwar Ibrahim has largely been left out of the debate on the amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965, or Act 355, due to his incarceration in Sungai Buloh prison.

Weighing into the issue today in a statement released through his party, Anwar did not dismiss the proposal by PAS president Abdul Hadi Awang to amend Act 355, which PAS had said was intended to strengthen the Syariah Courts.

Anwar expressed support for PKR’s preference of a select committee on Act 355 which he said should look at various aspects of the Syariah Courts and not just on the punishments as proposed by Abdul Hadi.

“PKR had stated its willingness to participate in a select committee to holistically study the strengthening of the Syariah Courts.

“They include the integrity, independence and competency of Syariah Court judges, independent prosecution, the prison system including punishments, the necessary training programmes as well as better infrastructure and appropriate budget.

“It means that a motion by the select committee would be wider and not only limited to the degree of punishments,” he said.

Anwar said this approach would be more meaningful and effective.

He pointed out that the current source of controversy over Act 355 was due to the proposed significant increase to the punishment limits.

“An aspect of controversy and concern over Act 355 is that the (proposed) punishment will be far higher than it presently is and it requires being studied and looked in detail,” he said.

Abdul Hadi had proposed a single change to Act 355, namely to increase the maximum punishment that can be meted out by the Syariah Courts from three years imprisonment, RM5,000 fine and six strokes of the rotan to 30 years imprisonment, RM100,000 fine and 100 strokes of the rotan.

Anwar said it was regretful that Dewan Rakyat speaker Pandikar Amin Mulia did not allow Abdul Hadi’s motion to be debated when it was tabled in Parliament on Thursday.

“The speaker’s and BN’s failure act with seriousness in the matter reinforces the perception that the government is deliberately delaying it to prolong the controversy,” he said.

Anwar noted that Prime Minister Najib Abdul Razak had stated that BN will not table the proposed amendments to Act 355 and will instead leave it to Abdul Hadi to push for it in Parliament.

However, Anwar pointed that the proposed amendment would still go back to the government in the event Abdul Hadi’s motion was passed by Parliament, as required by Standing Order 49.

According to the Standing Order, Hadi’s private member’s bill would be deemed to have passed the first reading if his motion is debated and then approved by Parliament.

The private member’s bill will then be referred to the government without a debate, which after reviewing and editing the proposed amendments, will then need to send it back to Parliament for the second reading.- Mkini