Gerakan has withdrawn its appeal against the Kota Baru High Court’s dismissal of the party’s originating summons to challenge the constitutionality of the Kelantan Hudud law.

One of the counsel representing the political party, Chai Ko Thing, said by consent of both parties, Gerakan had withdrawn its appeal against the High Court decision on May 7 with no orders on costs.

“It’s an amicable conclusion to the matter filed at the High Court,” he said, adding that Gerakan would now focus on the court matter which was filed at the Federal Court.

The matter was fixed for case management before Court of Appeal deputy registrar Zaini Fishir @ Fisal.

Three Gerakan members namely Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie had filed a notice of motion on May 8 this year seeking leave of the Federal Court to challenge the constitutionality of the Kelantan Syariah Criminal Code 11 1993 (Amendment 2015) or popularly known as hudud.

In it, the Gerakan members said the Kelantan state legislative assembly did not have the power to make laws penalising criminal acts that were punishable under federal law.

They claimed that the state legislative assembly’s approval on the amendments to the Code was invalid and void as it was not in line with the federal constitution.

They had named the Kelantan state government as respondent in their notice of motion.

On May 7, the High Court struck out Gerakan’s originating summons to challenge the constitutionality of the state Syariah Criminal Code which was amended and passed by the Kelantan state legislative assembly on March 19, this year to include legislation to penalise criminal acts such as theft, robbery and rape that were part of the Federal Legislative List and were punishable under the federal law.

Judge Azman Abdullah ruled that Gerakan’s suit was prematurely filed, saying that Gerakan should have first got leave of the Federal Court to bring the matter to the Federal Court for determination of constitutional questions.

- Bernama