Federal Court allows Attorney-General to intervene in hudud suit

Attorney-General Tan Sri Mohamed Apandi Ali personally affirmed the affidavit submitted to court to have his office become an intervener in the hudud suit by 3 Gerakan members, because 'key constitutional issues are involved'. – The Malaysian Insider pic, September 17, 2015.General has been allowed to intervene in a suit brought by three Gerakan members to challenge the Kelantan Syariah Criminal Code II 1993 (Amendment 2015), known as hudud.

Senior Federal Counsel Shamsul Bolhassan told a five-man Federal Court bench chaired by Tan Sri Ahmad Maarop today that the applicants had no objection to make the A-G a party to the suit.

Lawyer Datuk Harpal Singh, representing Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie, confirmed his clients wanted the A-G to intervene.

A-G Tan Sri Mohamed Apandi Ali, who has personally affirmed an affidavit to become intervener, said the application by the three had wide implications on Muslims all over the country.

"We should be allowed to intervene as key constitutional issues are involved," he said in the affidavit sighted by The Malaysian Insider.
 
On October 20, a single Federal Court judge will proceed to hear an application by the trio for leave to initiate the legal challenge.

On May 8, this year, Tuan Mat, Soh and Chung filed an application seeking leave from the Federal Court to initiate a petition to challenge the constitutionality of the Kelantan enactment.

In their notice of motion, the applicants said the Kelantan state legislative assembly did not have the power to make laws penalising criminal acts that were punishable under federal laws.

They claimed that the state legislative assembly's approval of the amendments to the Code was invalid and void as it was not in line with the Federal Constitution.

They had named the Kelantan government as respondent in their notice of motion.