Gerakan has filed an application to challenge the constitutionality of the Kelantan Syariah Criminal Code (II) 1993 (Amendment) 2015 with the Federal Court today.

This follows the decision of the High Court in Kota Bharu to dismiss Gerakan's similar application, following objections from the Kelantan government.

"We filed the motion under Article 4(3) and 4(4) of the Federal Constitution to declare the hudud enactment as null and void.

"This is because as it is inconsistent with the constitution, namely the fundamental liberties accorded by Part II of the Federal Constitution," Gerakan Youth deputy chief Andy Yong said.

"We also believe that the Kelantan state legislative assembly has acted beyond in legislative powers by encroaching on the powers of the Parliament of Malaysia by enacting criminal laws and matters that are part of the federal legislative list, as enumerated by Ninth Schedule of the Federal Constitution," Yong said.

Yong ( left ) said this is a fresh application filed with the Federal Court to obtain leave (permission) to hear the merits of the application and the question of law posed is whether the Kelantan government has the power to enact the Syariah Criminal Code (II) Enactment.

He also said Gerakan is considering appealing the decision of the High Court in Kota Bharu in dismissing the originating summons by way of a preliminary objection.

Kota Bharu High Court judge Azman Abdullah, in granting the preliminary objection, agreed with the Kelantan state legal adviser that the High Court had no jurisdiction to hear the application as the matter is within the ambit of the Federal Court and the application was made premature.

Gerakan filed the originating summons on March 18 and the amendment was unanimously passed the next day, with the upport of 12 assemblypersons from Umno-BN as well.