KUALA LUMPUR — November 9, 2015: 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 the suit.
Judge Datuk Asmabi Mohamad allowed the application by Hadi and four others on grounds that the four had no locus standi to file it. She made the decision in chambers in the presence of all parties.
Lawyer Datuk Takiyuddin Hassan, representing Hadi, told reporters that Asmabi also said that as a parliamentary member, Hadi had acted in
accordance with the Acts of Parliament and regulations.
The four others named as defendants were Dewan Rakyat speaker Tan Sri Pandikar Amin Mulia , deputy speakers Datuk Ismail Mohamed Said and Datuk Seri Dr Ronald Kiandee, and Dewan Rakyat secretary Datuk Roosme Hamzah.
The plaintiffs were Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin. They filed the originating summons on last June 12 to prevent Hadi from tabling a bill to amend the Syariah Court Act (Criminal Jurisdiction) in Parliament so that hudud can be implemented in Kelantan.
The four also sought a declaration that the tabling of the proposed amendment would breach the terms outlined in Pakatan Rakyat’s ‘Buku Jingga’ (Orange Book).
According to Takiyuddin, Asmabi also said that the plaintiffs should have filed the application through a judicial review, instead of an originating
“The court accepts the submission that the approach taken by the plaintiffs is not right because it should have been through a judicial review.
“The court agreed that the plaintiffs did not show they had the right to bring the case to court as there was no document to explain who they were….whether they are registered voters or Pakatan Rakyat members.”
The court also found the plaintiffs had no locus standi in taking the action and the claims made were premature and mere assumptions.
Takiyuddin said the court further agreed that under the Specific Relief Act, nobody could prevent a member of parliament from tabling a motion.
In his regards, the judge agreed that the Government Proceedings Act stipulates that no injunction order can be imposed on a government servant. This refers to the Dewan Rakyat secretary. — Bernama