Court dismisses Hadi Awang’s preliminary bid to stop hudud lawsuit
(Malay Mail Online) – The court today disallowed PAS president Datuk Seri Abdul Hadi Awang’s preliminary objection against a lawsuit seeking to block Parliament from debating any Bills that will pave the way for the enforcement of hudud in Kelantan.
PAS secretary-general Datuk Takiyuddin Hassan, one of the lawyers representing Hadi, said the judge had noted that the preliminary objection was raised “without submission on law and facts” and wanted to hear Hadi’s striking out application instead.
Takiyuddin said that the court has fixed October 13 to hear both Hadi’s bid to strike out the suit and an application by the four Malaysians who had sued Hadi for an injunction to block him from tabling any Bill on hudud.
He said the court will hear Hadi’s striking out application first on that day.
“Assuming she decides to allow the application to strike out, the application for injunction no need to be heard,” he told reporters after the decision was delivered in chambers by High Court judge Datuk Asmabi Mohamad.
When asked if Hadi had filed a fresh private member’s Bill on hudud for the coming Parliament session that starts on October 19, Takiyuddin said: “Not that I know of. So far, don’t have.”
Farez Jinnah, the lawyer for the four who had sued Hadi, confirmed that the judge wanted to hear the matter on its merits.
He also confirmed that his clients’ applications that will be heard on October 13 is for a temporary injunction until the disposal of the lawsuit or the originating summons.
In June, a group of “concerned citizens” filed for an injunction to prevent federal lawmakers from debating Hadi’s private member’s Bill to remove the legal barriers preventing PAS from enforcing the Islamic penal code in Kelantan.
The group comprises of Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin.
The four named Hadi, Dewan Rakyat Speaker Tan Sri Pandikar Mulia Amin, Deputy Speakers Datuk Ronald Kiandee and Datuk Ismail Mohamad Said as well as Dewan Rakyat Secretary Datuk Roosme Hamzah as respondents in their application.
Hadi submitted his private member’s Bill earlier this year, but was unable to have it debated in Parliament during the last two sittings ostensibly due to a lack of time.
To implement hudud in Kelantan, PAS is seeking to amend the Shariah Court Act (Criminal Jurisdiction) 1965 or Act 355, which currently only allows the Shariah courts to mete out punishments limited to RM3,000 fine, five years’ jail and six strokes of caning.
Critics of Hadi’s move argue that hudud is unconstitutional in secular Malaysia.
