Failure of Bar Council to uphold our federal constitution
By Lukman Sheriff Alias, Tanjak
It is unfortunate that the new Bar Council committee has, instead of holding steadfast to the federal constitution, issued a further statement to create further false perception and confusion among the public with regard to RUU355.
[Note: RUU355 is the shorthand referring to PAS’s proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965.]
Reference is made to new president of the Bar Council George Varughese’s statement reported today alleging as follows:
1. The Bar president argues that it’s wrong to state a penalty limit without describing the offence. He says:
“Pindaan kepada Akta Mahkamah Syariah (Bidang Kuasa Jenayah) atau Akta 355, mencadangkan had maksimum baru hukuman tanpa menyatakan hukuman sebenar berkaitan setiap kesalahan tertentu.”
This is a fundamental misunderstanding of the constitution.
For decades, the limits are set out by parliament as expressly mandated by our constitution. It is the state which stipulates the detail of the offence and its punishment. RUU355 is not and has never been a substantive law.
