Gerakan’s motion to challenge the constitutionality of the Kelantan PAS-led government to implement hudud law will be heard at the Federal Court on Oct 20.

This is for the leave application to be heard on that day, following the Gerakan application.

The date was fixed by the apex court’s deputy registrar Khainul Aleeza Ismail today, following case management.

Gerakan Youth deputy head Andy Yong ( photo ) said they have also applied that Chief Justice Arifin Zakaria be recused from hearing the leave application.

“This follows he was also an adviser to the Kelantan Syariah court,” he said.

Yong added that parties are to file in their written submissions and whatever documents on Oct 6.

Earlier, a five member bench led by Justice Ahmad Ma'arop allowed the Attorney-General’s Chambers’ application to intervene in the motion.

“The court allows the order (in terms of the application),” said Justice Ahmad.

The other judges who are part of the panel are Zainun Ali, Ramly Ali, Azahar Mohamed and Zaharah Ibrahim.

It was reported that Gerakan, through Tuan Mat Tuan Wil, Soh Hoon Lee and Ching Mon Sie, had named the Kelantan state government as respondents in the motion to challenge the hudud law that was passed last March.

The Kelantan government is represented by its state legal adviser Shahidani Abdul Aziz, while senior federal counsel Shamsul Bolhassan represents the AG’s Chambers.

Gerakan's legal team will comprise of former federal court judge Gopal Sri Ram, Harpal Singh, Chai Ko Thing, Ong Siang Liang and Jayanthi Balaguru.

Constitutional issues

Attorney-General Mohamad Apandi Ali in his supporting affidavit to intervene, said as the notice of motion involves constitutional issues, and validity of the law which was enacted by the Kelantan Legislative Assembly, it had applied to be an intervenor in the matter.

“I have perused the application and it involves Article 4 read together with Article 128 (1) (a) where the plaintiffs had sought a declaration.

“I believe they are challenging the validity of the Kelantan Syariah Criminal Code Enactment II (1993) (2015), where the plaintiff claims the state legislature does not have the powers to enact such laws from Section 4 to Section 34, as such jurisdiction to enact such laws should be with Parliament,” he said.

Apandi ( photo ) said there is a big implication to the Muslims in Kelantan in particular, and also nationwide, especially on enactments related to Islamic matters

The AG said the chambers' application to intervene would not prejudice anyone and thus should be allowed.

With this, Apandi said the chambers should be allowed to intervene in the application.

In today's proceeding, Gerakan did not object to the application to intervene.

Originally, the apex court had fixed Oct 15 as the hearing of Gerakan's application for leave of the motion.

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