Gerakan today failed in its bid to challenge the hudud law from being implemented in Kelantan.

The High Court in Kota Bharu dismissed the party's application when it allowed a preliminary objection raised by the Kelantan PAS-led state government.

Justice Azman Abdullah also ordered Gerakan to pay the RM10,000 cost.

Gerakan lawyer Andy Yong ( photo ) said Kelantan never filed any affidavit in support of their application for the preliminary objection (PO) nor did they attend court during case management.

The matter was dismissed without a full hearing of the substantive application, he said.

"We are disappointed with the decision as the PO notice is only on the ground that the High Court has no jurisdiction to hear such matter, as it falls within the Federal Court jurisdiction.

"The judge prepared ‎a 19 page written grounds for just a PO. This is unprecedented. Bad precedent, that is to say in future no need to file any application to strike out a case or reply affidavit, just serve a PO notice will do," he told Malaysiakini when contacted.

Yong said Gerakan had in their application wanted to refer the matter to the Federal Court as well as the whole originating summons.  

He said they will go back to Kuala Lumpur to decide whether to file an appeal on today's decision.

A month to file an appeal

“We will consult with our legal consultant (former Federal Court judge and senior lawyer) Gopal Sri Ram ( photo ) on how to proceed forward as there are a number of options available. We will make a decision in the coming days as we have a month (30 days) to file an appeal.

“The other option is to make a fresh application,” said Yong, who is also Gerakan Youth deputy chief.

It was reported on April 20 , that during the hearing the state government through its state legal adviser Shahidani Abd Aziz @ Juned cited Article 4(3) and 4(4) of the Federal Constitution where such declaratory challenge on a state law that goes against the constitution must obtain leave (permission) from the Federal Court, and also Article 128 that states such a proceeding should be made before the apex court.

Gerakan not discouraged

Gerakan made the challenge following the passing of the amendment of the 1993 hudud law enactment by the state legislative assembly, which also saw 12 Umno assemblyperson supporting the amendment.

The amendment was passed on March 19, a day after it was tabled.

Meanwhile, Gerakan president Mah Siew Keong assured the party's legal team that it will pursue this challenge despite today's setback.

 
"I would like to thank the legal team on the hudud challenge for their hard work and sacrifice and the party appreciates all that they have done.

"I do not want them to feel discouraged in any way by this decision and the party is committed to defending the constitution and our way of life," Mah said in a statement.