Court dismisses Gerakan’s suit against Kelantan over hudud - Parti Gerakan Rakyat Malaysia

Court dismisses Gerakan’s suit against Kelantan over hudud

KOTA BARU: The High Court here has dismissed a suit brought by Gerakan against the PAS-led Kelantan government over amendments to the Syariah Criminal Code II 1993.

Justice Azman Abdulah in his 18-page written judgement said the plaintiff had put the “cart before the horse”, ruling that the plaintiff had prematurely filed the originating summons in seeking to declare the amendments to the 1993 Code as illegal.

He also ordered RM10,000 in costs.

On April 11, the court had adjourned the suit brought by Gerakan to decide whether it has jurisdiction to hear the case following a preliminary objection filed by the Kelantan government that leave should have first been obtained from the Federal Court before the suit was filed.

The Kelantan government was represented by state legal adviser Shahidani Abdul Aziz, Noriah Osman and Datuk Takiyuddin Hassan.

Shahidani argued that the High Court had no jurisdiction to hear the case and that it was within the ambit of the Federal Court.

Gerakan was represented by lead counsel Andy Yong, Jayanthi Balaguru, Raymond Leong, S.L. Ong and K.T. Chai.





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