Former Federal Court judge Gopal Sri Ram has taken on the offer as consultant for BN component Gerakan in its action to declare Kelantan's controversial hudud enactment as unconstitutional.

This was confirmed to Malaysiakini today by Gerakan Youth deputy chief, Andy Yong, who is also a practising lawyer.

“Sri Ram is the legal consultant for Gerakan and he is working closely with me (on this matter),” Yong said.

The Gerakan leader ( left ) is now in Kota Bharu to serve the party’s suit on the PAS-led Kelantan government.

Last Wednesday, Gerakan filed the originating summons in the High Court in Kota Bharu against the PAS-led state government, seeking  to declare the controversial bill as unconstitutional.

The case was filed on the same day PAS tabled amendments to its hudud enactment that was passed in 1993. The Kelantan Syariah Criminal Code II 1993 Amendment Bill 2015 was unanimously passed by the state legislative assembly the next day.

Kelantan Umno assemblypersons voted in favour of the hudud amendments. This stand of Umno is opposed by its BN components, MCA, MIC, Gerakan and also by several Sabah and Sarawak state parties.

Yong, in a statement during the party’s summons filing last week, said Gerakan was firmly against the implementation of hudud in Kelantan and in any other part of Malaysia.

His party, he said, was seeking an order to declare the hudud bill (as it was then) as unconstitutional and therefore void.

Gerakan is merely safeguarding the Federal Constitution and was seeking the support from all Malaysians in response to the "hudud crisis", he added.

Sri Ram, who was the first lawyer in private practice to be appointed straight as a judge of the Court of Appeal, retired in 2010.

He has since been practising as a consultant in  legal matters and has also led Opposition Leader Anwar Ibrahim's defence team in the Sodomy II appeal.

Contacted by Malaysiakini today, Sri Ram declined to comment on his appointment as a consultant in the BN party’s matter on Kelantan’s hudud, saying the question should be put to Gerakan.

Case to be referred to Federal Court

After serving the cause papers, which included the originating summons and affidavits, to the Kelantan state government office at 4pm today, Yong said the High Court in Kota Bharu fixed April 6 for case management.

“The court also fixed April 20 as the first hearing date for the matter. We then filed an application to refer this case to the Federal Court, under Section 84 of the Courts of Judicature Act 1964,” he told Malaysiakini .

Under Section 84 of the Act, questions on constitutional matters can be referred directly to the Federal Court, the highest court in the country, such as in this matter on the determination of the constitutionality of hudud.

Meanwhile, Gerakan president Mah Siew Keong ( left ) said in a statement today that eight highly experienced lawyers, including Muslim lawyers, would be in the Gerakan legal team working to stop the implementation of hudud.

Mah also confirmed that the party wants the matter to be determined by the Federal Court.

“Gerakan is a principled party that is focused on action, not rhetoric. That is why we are committed to defending the integrity and sanctity of the Federal Constitution.

“I call upon all Malaysians to join Gerakan in protecting our constitution and the basic structure of our nationhood,” Mah added.

He also took a swipe at DAP secretary-general Lim Guan Eng for his statement yesterday to “end ties and cease to work” with PAS president Abdul Hadi Awang, and then declare that DAP remained committed to Pakatan Rakyat.

DAP's decision was foolish and farcical, Mah said, and he went on to question how DAP could remain committed to PAS and Pakatan, but opt to severe ties with the PAS president.

“Hence, I urge Lim to stop his farcical political drama and to own up to his mistakes.

“Malaysians are hoping to see a more responsible and credible leader. DAP’s decision is nonsense, for it does not correct its mistakes, and neither does it resolve the hudud issue,” the Gerakan president added.