While Gerakan has filed a notice of motion at the Federal Court for permission to challenge the controversial hudud law in May, the Kelantan government had last month made a preliminary objection to reject it.

In an affidavit sighted by Malaysiakini , Kelantan state secretary Mohd Faudzi Che Mamat said the three Gerakan applicants Tuan Mat Tuan Wil, 64, Soh Hoon Lee, 68, Chung Mon Sie, 49, do not have the locus standi (legal standing) to initiate this motion as it is denying the state government's right to implement the Kelantan Syariah Criminal Code (II) 1993 (Amendment) 2015.

Mohd Faudzi further states that the motion was filed before time as the enactment passed had not come into force, as it is awaiting for the tabling of PAS president Abdul Hadi Awang's private member's bill in Parliament.

“They have no right to table this motion as the Ninth Schedule of the Federal Constitution allows the Parliament to amend laws regarding the jurisdiction of the Syariah courts.

“In addition, the plaintiffs have not shown that they have interests or are adversely affected by the enactment since it has yet to come into force. Besides this, Soh and Chung are not affected as hudud only applies to Muslims,” added Mohd Faudzi.

He said the application by Gerakan is frivolous, vexatious, and an abuse of the court process.

Mohd Faudzi further said that the implementation of hudud does not restrict the practice of anyone's religion but the application filed by Gerakan is aimed at restricting the majority voice of the people of Kelantan which approved the enactment in the state legislative assembly.

“Hence, by filing the motion, Gerakan seeks to limit the rights of Muslims to practice the hukum syarak (Islamic laws) as stipulated in the religion,” he said.

“The offences fall under the precepts of Islam, and since Islam is a state matter, it is within the jurisdiction of the state to enact such laws and this is in line with the religious requirements.”

Following this, the state secretary said the Gerakan application should be dismissed by the apex court by refusing to grant leave (permission) to hear the motion on its merits.

The preliminary objection and affidavit by Mohd Faudzi was filed by the firm of Wan Jawahir & Takiyuddin. Takiyuddin Hassan is the MP for Kota Bharu and the new PAS secretary-general.

Motion filed in May

It was reported last May that Gerakan filed the motion to challenge the constitutionality of the hudud enactment.

Gerakan claims the state has no power under Article 4(4) of the Federal Constitution to enact the hudud laws.

Gerakan lawyers attended the case management on June 4 and another case management is fixed for July 9.

They have also filed an affidavit-in-reply on June 29, basically denying what the state secretary had stated.

Following the next case management on July 9, the Federal Court is expected to fix a hearing date to hear the motion.

Gerakan will be represented by its party youth deputy chief Andy Yong, who told Malaysiakini that the country will never be the same if hudud law is implemented.

“Our team has been working tirelessly everyday to protect the sanctity of our constitution,” he said.

Besides Yong, the other lawyers in the team are Harpal Singh Grewal, Jayanthi Balaguru, Chang Ko Youn, Raymond Leong, Chai Ko Ting, Ong Siang Liang, and Ivanpal Grewal.

The motion filed in May is different from Gerakan's appeal of the Kota Bharu High Court's decision in May to dismiss the party's similar application, to challenge the new law from being tabled.

Justice Azman Abdullah ruled that the Gerakan's originating summons filed on March 18 was premature.

Speaker, deputies ordered to file defence

Meanwhile, in an unrelated development, lawyer Siti Zabedah Kassim, representing four Muslims who are challenging the tabling of the hudud private member's bill in Parliament, said the Kuala Lumpur High Court had ordered speaker Pandikar Amin Mulia ( photo ), his deputies Ismail Mohamed Said and Ronald Kiandee, and parliamentary secretary Rosmee Hamzah to file their defence.

This follows the case filed by four Muslims - Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar, and Hazwany Jamaluddin - which came up for case management at the High Court in Kuala Lumpur last Friday.

The four are also seeking an injunction to stop the Dewan Rakyat from debating the private member’s bill.

KL High Court deputy registrar Nor Hasniah Ab Razak has fixed July 10 for Pandikar, Ismail, Kiandee, and Rosmee to file their defence.

“She also ordered the four plaintiffs to file their affidavit-in-reply by July 24 and case management is fixed for the matter on July 27,” Siti Zabedah said.