Monday, November 9, 2015

Hadi can table hudud Bill following High Court ruling

PAS president Datuk Seri Abdul Hadi Awang can now table a hudud Bill in Parliament following a High Court ruling on Monday.

The High Court here granted his application to strike out a suit filed by four individuals - Mansoor Saat, Azira Aziz, Hasbeemasputra Abu Bakar and Hazwany Jamaluddin – to deter him and Parliament from tabling the Bill on hudud in Parliament.

Mansoor, Azira, Hasbeemasputra and Hazwany filed the suit against Hadi, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia, his deputies Datuk Ismail Mohamed Said and Datuk Ronald Kiandee and secretary Datuk Roosme Hamzah.

The suit was to prevent Hadi and Parliament from tabling a Bill to amend the Syariah Courts(Criminal Jurisdiction) Act 1965 at any Parliament sitting.

In striking out the suit, High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad ruled that the four should file the suit via judicial review application and not by way of an originating summons.

Justice Asmabi said the suit filed has no merits and no locus standi.

Senior Federal Counsel Shamsul Bolhassan told reporters that as a result of the decision yesterday, Hadi now could table the Bill in Parliament.

Hadi had filed the striking out application together with his affidavit in support on July 2.

In his affidavit in support filed on July 2, Hadi said the originating summons filed by the four plaintiffs was frivolous and vexatious as it did not have any good basis in law or facts.

He added in his affidavit that that he has yet to propose, table and debate the Bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1965 at the Dewan Rakyat to enable it become a valid law and the plaintiffs have no rights to challenge the Bill as it was premature, academic, theoretical and/or presumption.
Hadi said that he believed that the plaintiffs have failed to reveal that they have a strong case to enable them succeed at the hearing of the main suit.

No comments: