No reason to reject Act 355 bill as we respect court’s ruling – Gerakan leader

Gerakan prefers to rely on court rulings on contentious matters particularly if it involves religion, said former party secretary-general Mak Kah Keong.

Speaking at a Perikatan Nasional rally in Seremban, Negeri Sembilan on Sunday, Mak said his party was unlike DAP whom he accused of habitually inciting the public on sensitive issues.

Mak said Gerakan's approach was different as it relied on the courts as the ultimate arbitrator.

He said that his party had filed a suit concerning the teaching of Jawi in vernacular schools in 2019 and another - challenging the validity of Kelantan's Syariah Criminal Code (II) Enactment 1993 (Amendment 2015) in 2015. Both cases were dismissed.

In his speech, Mak referred to the 2015 case as "RUU355", which referred to PAS president Abdul Hadi Awang's bill tabled in 2015 and 2017 - which sought to amend Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) to allow Kelantan to implement the 2015 amendments.

"Why did we bring 'RUU355' to court? We asked (the court) whether RUU355 will affect non-Muslims. The reply was clear. Non-Muslims have nothing to do with RUU355.

"Therefore, next time, Gerakan has no reason to reject (the bill). Correct?" said Mak.

In 2016, when Hadi's bill first surfaced, Gerakan objected on grounds that it would allow Kelantan to impose a series of corporal punishments, such as stoning and amputations, prescribed in Kelantan's Syariah Criminal Code (II) Enactment 1993.

The 2015 case referred to by Mak was filed by three Gerakan members - Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie - who sought a declaration that Kelantan's Syariah Criminal Code (II) Enactment 1993 was unconstitutional.

However, the case was dismissed by the Federal Court. The plaintiffs were represented by Gopal Sri Ram, Harpal Singh and Andy Yong, former Gerakan Youth deputy chief.

When contacted for clarifications, Mak, who is a lawyer, said that since the courts have ruled on the 2015 case, it was clear that non-Muslims will not be affected by Hadi's bill.

"Because of the court decision, I don't think Gerakan has any grounds left to object if the Anwar Ibrahim administration wishes to proceed with the bill," he said.

Hadi was allowed to table the bill a third time on April 6, 2017, albeit with some amendments. The bill was not debated or voted on.

The proposed amendments to Section 2 of the Act involves increasing the current "imprisonment of more than three years or fine of more than RM5,000, or more than six lashes" to "jail term of more than 30 years or fine more than RM100,000 or 100 lashes as administered in line with the Syariah crimes".

Mak said during the Sunday rally that the present federal government was less reliant on the court, unlike Gerakan, citing the Home Ministry's decision to withdraw its appeal against a High Court decision which favoured Jill Ireland.

"Perhaps, the Home Ministry is right to do so, perhaps they are not. However, we suspect that the decision to withdraw the appeal was a political one.

"Who is behind the 'Madani government'? All DAP (MPs). Was the (Home Ministry's) decision compromised?

"It would have been wiser to let the case proceed (all the way) to the Federal Court. When the Federal Court decides, we (the people) will accede. Correct?" asked Mak.

In a landmark ruling, the High Court in 2021 ruled in favour of Jill Ireland, who sued the Home Ministry in order to retrieve her possessions which contained the word "Allah".

In April, the Home Ministry withdrew its appeal against the ruling, arguing that more time is needed to study the High Court judgment. -  Mkini