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Lawyer withdraws suit against Tganu hudud bill, Kelantan case to go on

The Federal Court today struck out a senior lawyer's application for leave seeking to nullify Terengganu's Syariah Criminal Enactment (Hudud and Qisas) bill.

Chief Judge of Malaya Ahmad Fairuz Sheikh Abdul Halim made the decision after being told that the applicant Mohamed Zaid Ibrahim is withdrawing his motion involving the Terengganu state government, named as the first respondent.

However, Zaid is still pursuing his motion against the second respondent, the Kelantan government, which is represented by counsel Sulaiman Abdullah. The court set July 11 for hearing to give the parties time to make the amendments to the affidavits and relevant documents.

Earlier when Mohamed Zaid's lawyer Paul Ramachandran informed the court of the withdrawal, Attorney-General Abdul Gani Patail said he had indicated to both parties that he would object to the motion against Terengganu.

"We have indicated earlier that we are going to object their motion against Terengganu. It is highly and totally premature. This is because the disputed Syariah Criminal Enactment (Hudud and Qisas) is at the bill stage. One can only challenge the legality of the law after it is passed," said Gani.

The Terengganu PAS government plans to table the bill at the state assembly sitting on July 7.

Public interest

Abdul Gani had also successfully applied to intervene in Zaid's motion on behalf of the federal government as neither party implicated in the application had objected to it.

"We are here not to take sides but to protect the interest of the public, the federal government and the Federal Constitution," said Abdul Gani.

On June 14, Mohamed Zaid filed his application for leave seeking a declaration that the legislatures of the states including Kelantan and Terengganu "have no legislative power to pass any legislation for the creation of or the punishment of any acts punishable under federal laws".

He also sought that the provisions of Terengganu's hudud bill and the Kelantan syariah enactment are void and of no effect.

"I feel that the fundamental liberties I personally enjoyed as a Malaysian under the Federal Constitution and as a resident of the state of Kelantan are being threatened by the proposed legislation," said Zaid, who is also the Umno Kota Bharu division chief and managing partner at his legal firm.

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