Challenge to Hadi's Act 355 bill – AG's chambers objects

Former Simpang Benut MP Tawfik Ismail's challenge against the tabling of an amendment to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) by PAS president Abdul Hadi Awang faces another obstacle.

This was after a preliminary objection was made by the Attorney-General's Chambers at the Kuala Lumpur High Court arguing that the matter was now academic.

Shamsul Bolhassan representing the chambers said that since the Dewan Rakyat speaker (Mohamad Ariff Md Yusof) had just been appointed, Hadi would require the new speaker's permission to table his private member's bill again.

"All unfinished business with the 13th Parliament automatically lapsed due to the Parliament's dissolution.

"Hence, the application is academic," he said.

Previously, Tawfik (above) had named then speaker Pandikar Amin Mulia and Parliament secretary Rosmee Hamzah as defendants in his originating summons.

Tawfik's lawyer, Rosli Dahlan (below), however, stressed that the matter was not academic as there was a possibility that the bill will be tabled by Hadi again.

The tabling of the bill, counsel said, was against Article 38 of the Federal Constitution as Islamic law was under the state and its ruler's jurisdiction, and approval had to be gained from the Conference of Rulers.

"The speaker's duty and oath of allegiance is to preserve, protect and defend the constitution," he said, adding that the originating summons was still relevant and not academic.

Rosli said Pandikar had allowed the tabling of the proposed amendment of Act 355 without consulting the Conference of Rulers which was wrong in law.

'Not expected'

Justice Nordin Hassan said he needed time to deliver a decision on the preliminary objection and fixed Nov 14 for decision.

Rosli later said that while the country had a new government and a new attorney-general, he did not expect such objection.

"The government has pledged institutional reforms and hence, in this case, the Conference of Rulers should have been uplifted and consulted," he said.

It was reported last February that Pandikar's application to strike out the suit had failed.

In March last year, Tawfik, who is the son of the former deputy prime minister Ismail Abdul Rahman, then filed the suit seeking a declaration that the proposed amendment to Act 355 was unconstitutional as it bypassed the Conference of Rulers. - Mkini