Putrajaya to intervene in hudud case in Court


Three Kelantanese expressed no objections as Putrajaya has the right to intervene under the Federal Constitution in the constitutionality of the case.

(Free Malaysia Today) – The Federal Court allowed Putrajaya to intervene in a suit challenging the constitutionality of the hudud enactment, Islamic criminal law, passed by the Kelantan Government, after the applicants expressed no objections.

Justice Ahmad Maarop, chairing a panel of five judges, granted leave to the Attorney-General’s Chambers to intervene in the suit. Lawyer Harpal Singh for the three Kelantan applicants – Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie – and Raja Ahmad Mohzainuddin Raja Mohzan, the lawyer for the Kelantan Government, both expressed no objections.

Senior Federal Counsel Shamsul Bolhassan represented the Federal Government.

The decision by the Federal Court, pointed out Shamsul, will have an impact on the public especially Muslims and the implementation of Federal laws and state Islamic laws.

In his submission, he noted that the three Kelantanese are seeking a declaration from the Court on the constitutionality of Syariah Criminal Code Enactment (II) (1963) Amendment 2015. “The applicants have said that the Kelantan Government has no jurisdiction to amend sections 4 to 34 of the state enactment,” noted Shamsul. “They said that only Parliament has the power under Article 74 of the Federal Constitution to amend criminal enactments.”

Lawyer Andy Yong, who is acting together with Harpal, told reporters outside the Court that the Federal Court has the right to intervene. “We did not object to the Federal Government intervening in the constitutionality hearing as they have the right to do so under Articles 4(4) and 128 of the Federal Constitution.”