Application for judicial review on bill

0

KOTA KINABALU: The High Court here will hear an application for leave for judicial review on August 2 this year regarding a tabled bill to increase the powers of the syariah courts.

Justice Ravinthran Paramaguru set the date for mention of the case, which was made by the applicant, a member of Parti Solidariti Tanah Airku (STAR), Marcel Jude A/L M S Joseph.

The application was made against Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia as the first respondent and the Dewan Rakyat as the second respondent.

In an article reported in the News Straits Times on April 5, PAS president Datuk Seri Abdul Hadi Awang tabled the bill, which sought to amend the Syariah Courts (Criminal Jurisdiction) Act 1965.

The proposed amendments to Section 2 of The Act is to increase 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 of more than RM100,000 or 100 lashes as administered in line with the syariah crimes”.

Marcel sought in the application an order of certiorari against the decision of the first respondent to table the motion in the Dewan Rakyat, being ultra vires of the Federal Constitution.

He also sought for an order of prohibition against the first and second respondents to prevent the motion tabled in the Dewan Rakyat when passed by the 13th Parliament of Malaysia in whatever form.

Marcel was also seeking a declaration that the motion tabled in the Dewan Rakyat if passed by the 13th Parliament of Malaysia in whatever form and receives the Royal Assent thereby becoming law of the Federation of Malaysia, shall not be enforceable or applied in any matter or form whatsoever against all or any non-Muslim citizens in the State of Sabah, especially Christians, including Roman Catholics and whether such Christians are

 

Share.