MP SPEAKS Kelantan Hudud Technical Committee chairperson Mohd Amar Abdullah has denied that the proposed bill to amend the Kelantan Syariah Criminal Code II 1993, scheduled to be tabled on Wednesday, March 18, is in essence a re-introduction of the entire 1993 enactment.
Mohd Amar has gone on to say that my concerns that the bill seems more like a re-introduction of the 1993 enactment rather than just amendments were a matter of my own opinion and totally untrue.
Let me make myself very clear.
What Kelantan proposes to table on March 18 is far more than mere amendments and is, in effect, a re-introduction of the entire 1993 enactment.
Let us look at some of the facts.
The bill is called Rang Undang-Undang Kanun Jenayah Syariah (II)(1993) 2015. It is not a bill to amend the 1993 enactment.
It contains 71 sections and is 34 pages long.
Forming part of this 2015 bill includes provisions that speak about, among others, 'Kesalahan-kesalahan hudud', 'Qisas', 'Keterangan' and 'Perlaksanaan hukuman' all of which were part of the 1993 enactment.
Not amendment, but new bill in itself
It is not a bill to amend the 1993 enactment. It is a new bill in itself, which includes practically the whole of the substance of the 1993 enactment in it.
It is also pertinent to note that it wasn't just me who found that to be the case. The Pakatan leadership council, which consists of DAP, PAS and PKR leaders as well, acknowledged this fact last Thursday, March 12.
This is why PAS was asked to take the matter back to Kelantan and to reconsider the position.
So, Mohd Amar ( right ) is being dishonest if he says what I said about the bill is untrue.
PAS Kelantan is fully aware of the fact that hudud is not part of the Pakatan agenda, but yet it wants to table and pass in its state assembly a bill that contains provisions to this effect.
It appears as if PAS is moving this new 2015 bill as it wants the stamp of approval by Pakatan for hudud and the entire 1993 enactment.
With respect, there is just no consensus among all the parties in Pakatan on the matter and I am therefore of the firm view that this cannot, and must not, be allowed to happen.
I reiterate that DAP opposes in full the proposed hudud bill PAS intends to table in Kelantan on March 18.
We have said, time and again, that it is unconstitutional and impractical in terms of its application in Malaysia.
More importantly, the bill goes squarely against the common policy framework of Pakatan, which most certainly does not include hudud or the implementation of it, be it in Kelantan or anywhere else in Malaysia.
With great respect, I am therefore of the considered view that the Pakatan leadership must now make a clear and firm decision as to whether or not it supports this bill and what ought to be done in the matter hereafter.
GOBIND SINGH DEO is the MP for Puchong and chairperson of the DAP National Legal Bureau.
