Ex-judge wants contempt action against Hadi - report

 

Former Federal Court judge Gopal Sri Ram wants contempt proceedings to be initiated against PAS president Abdul Hadi Awang.

This is after the Marang MP purportedly made unflattering comments about the Federal Court’s decision to declare Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995.

The section concerns unnatural sex, which the Federal Court said falls under federal jurisdiction. Syariah law falls under state jurisdiction.

Sri Ram said there cannot be double standards with regard to action against contempt of court.

“If Malaysiakini was guilty of contempt, then Hadi’s position is no better. If not worse.

“There cannot be a duality of approach when it comes to an attack upon an important pillar of government,” he was quoted as saying by Free Malaysia Today.

Hadi, in a statement published on Harakahdaily on March 4, did not name specific judges but made reference to the Syariah Criminal Offences (Selangor) Enactment 1995.

He then said there were those who were insensitive towards Islam and likened them to a particular creature.

Sri Ram said the comment was highly contemptuous.

“In my respectful view, his statement is highly contemptuous both of the court and the Federal Constitution.

“His attack shows his complete disregard for the rule of law,” he was quoted as saying.

On Feb 25, a nine-person Federal Court bench unanimously declared 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 to be invalid.

The panel was led by Chief Justice Tengku Maimun Tuan Mat.

The other judges presiding over the case were Court of Appeal president Rohana Yusuf, Chief Judge of Malaya Azahar Mohamed, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges Mohd Zawawi Salleh, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof and Hasnah Mohammed Hashim.

In June last year, Attorney-General Idrus Harun initiated contempt proceedings against Malaysiakini.

This was over readers’ comments criticising the judiciary after the Attorney-General’s Chambers decided to drop a number of high-profile graft cases.

On Feb 19, the Federal Court found Malaysiakini guilty of contempt of court.

This was despite the offending comments being removed within minutes it was flagged, in line with the Malaysian Communications and Multimedia Commission’s guidelines. - Mkini