Nearly a month has passed since the Federal Court in Putrajaya struck down a Selangor state syariah law criminalising "unnatural sex".
However, the man who was awarded the apex court declaration is still facing a long-pending syariah charge of attempted unnatural sex in the state.
Hence, his legal team is still pursuing a related judicial review under the civil jurisdiction of the High Court in Kuala Lumpur.
The syariah charge is still ongoing at the Selangor Syariah High Court.
His counsel for the civil action, Tay Kit Hoo, told Malaysiakini recently that the man is still pursuing the judicial review because the syariah charge still hangs over his head.
“Our client’s instructions would be to continue with the judicial review as the syariah charge is still pending,” the lawyer said.
The judicial review is set for case management before the High Court in Kuala Lumpur (Appellate and Special Powers Division) today.
Back in November 2019, the man filed the judicial review application to challenge the validity of his prosecution for unnatural sex at the syariah court.
Later in 2020, the judicial review proceedings were stayed, pending the disposal of his related legal bid for a Federal Court declaration on the validity of the Selangor syariah provision.
The man went to the Federal Court to seek a declaration that Section 28 of the Syariah Criminal Offences (Selangor) Enactment is invalid on grounds that the Selangor State Legislative Assembly has no power to make laws on the subject matter.
On Feb 25 this year, a nine-person apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously nullified the provision.
The landmark ruling was made on the grounds that the matter falls under the jurisdiction of federal law, not state laws.
The state syariah provision makes it an offence for Muslims in Selangor to perform "sexual intercourse against the order of nature".
On Aug 21, 2019, the chief syarie prosecutor, through a syariah prosecutor, made the decision to charge the man under Section 28 of the enactment, at the Selangor Syariah High Court.
The man was charged with attempting to commit sexual intercourse against the order of nature with certain other men in a house in Selangor, on Nov 9, 2018. He claimed trial to the charge. - Mkini
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