Court strikes out suit to prevent tabling of hudud

An attempt by four individuals to prevent PAS president Datuk Seri Abdul Hadi Awang from tabling a bill on Hudud in Parliament failed when the High Court here today allowed his application to strike out their suit.

Judge Datuk Asmabi Mohamad allowed the application by Abdul Hadi and four others to strike out the suit on grounds that the four individuals had no locus standi to file it.

She made the decision in chambers in the presence of all parties involved. Lawyer Datuk Takiyuddin Hassan, representing Abdul Hadi, told reporters that Asmabi also said that as a parliamentary member, Abdul Hadi had acted in accordance with the Acts of Parliament and regulations.

Besides Abdul Hadi, the four others named as defendants were Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and deputies speakers, Datuk Ismail Mohamed Said and Datuk Seri Dr Ronald Kiandee, and Dewan Rakyat secretary Datuk Roosme Hamzah.

The four plaintiffs named in the suit were Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin.

They filed the originating summons on June 12 this year to prevent Abdul Hadi from tabling a bill to amend the Syariah Court Act (Criminal Jurisdiction) 1965 in Parliament so that Hudud could be implemented in Kelantan.

The four individuals also sought a declaration that the tabling of the proposed amendment by Abdul Hadi breached the terms outlined in Pakatan Rakyat's 'Buku Jingga' (Orange Book).

According to Takiyuddin, Asmabi also said the four plaintiffs should have filed the application through a judicial review, instead of an originating summons.

"The court accepts the submission that the approach taken by the plaintiffs is not right because it should have be through a judicial review.

"The court agreed that the plaintiffs did not show that they had the right to bring the case to court as there was no document which explain who they are....whether they are registered voters or Pakatan Rakyat members," he added.

"The court also found the plaintiffs had no locus standi in taking the action and the claims made were pre-mature and merely assumptions. It is an abuse of the court process," he added.

Takiyuddin said the court also agreed that under the Specific Relief Act nobody could prevent a member of parliament from tabling a motion.

"The judge also agreed that the Government Proceedings Act 1956 stipulates that no injunction order can be imposed on a government servant. This refers to the Dewan Rakyat secretary," he added.

Meanwhile, senior federal counsel Shamsul Bolhassan, representing the four other defendants, said with today's decision, Abdul Hadi could table the bill.