Gerakan to pursue legal challenge against hudud despite case dismissal

Gerakan Youth chief Tan Keng Liang says the party will continue to mount its legal challenge against the validity of the hudud law. — TRP file pic

KUALA LUMPUR, May 7, 2015:

Gerakan Youth chief Tan Keng Liang has assured the public that the party will continue its legal challenge against hudud after the Kota Bharu High Court today dismissed the originating summons filed by the party.

In a series of tweets, Tan said that while the case was dismissed on a technicality, the Barisan Nasional component party will continue to mount its legal challenge against the validity of the controversial law.

“Case (was) dismissed based on preliminary objection by Kelantan PAS government …whether PAS hudud constitutional or not (it is) yet to be deliberated by (the) court,” he tweeted.

Stressing that Federal Constitution must be upheld, Tan added that Gerakan will continue to bring the matter to court until the judiciary decides whether PAS’ hudud is constitutional or otherwise.

Tan’s response came after the Kota Bharu High Court today dismissed the originating summons filed by the party against the Kelantan government over the amendments to the Syariah Criminal Code II 1993 (Amendments 2015).

Ordering Gerakan to pay RM10,000 in costs, High Court judge Datuk Azman Abdullah held that the party had prematurely filed the originating summons.

Azman in his 18-page written judgement described the premature filing of the originating summons by the plaintiff as putting the “cart before the horse”, in seeking to declare the amendments to the 1993 Code as illegal.

Additionally, the filing of the originating summons was against Article 4(1) of the Federal Constitution to allow that there is a single body the right to approve a law that requires the authorisation of a Federal Court judge.

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

Gerakan was represented by lead counsel and Gerakan deputy Youth chief Andy Yong, party central committee member Jayanthi Balaguru, Raymond Leong, S.L. Ong and K.T. Chai.




Source: http://www.therakyatpost.com/news/2015/05/07/gerakan-to-pursue-legal-challenge-against-hudud-despite-case-dismissal/

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