Court throws out Hadi's objection to hudud challenge
The Kuala Lumpur High Court today disallowed a preliminary objection raised by PAS president Abdul Hadi Awang against the challenge to his private member’s bill to implement hudud law in Kelantan.
Hadi, who is Marang MP, in his objection argued that the application made by Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin should be raised by way of judicial review and not by originating summons.
However, justice Asmabi Mohamad disallowed the preliminary objection and fixed Oct 13 for hearing of Hadi's application to strike out the case and the four plaintiffs' application to have an interim injunction against the private member’s bill.
This was disclosed by Hadi's lawyer Takiyuddin Hassan
(photo)
and the plaintiffs' lawyer Fariz Jinnah.
Fariz said the court decided there was insufficient material before it to allow the preliminary objection.
“She wants to hear the matter on its merits including the plaintiff's interim injunction application pending disposal of the suit,” Fariz said.
The preliminary objection was raised by Hadi, along with parliamentary speaker Pandikar Amin Mulia and three others who told the court that the application should be made via judicial review and not originating summons.
Justice Asmabi will hear Hadi's striking out application first before the interim injunction application on Oct 13, Takiyuddin said.
Seeking injuction on Dewan Rakyat debate
Mansoor, Azira (photo, middle) , Hasbeemaputra and Hazwany named Pandikar, deputy speakers Ismail Mohamed Said and Ronald Kiandee, and parliamentary secretary Rosmee Hamzah as defendants.
They want to challenge Hadi's private members bill for the hudud law, seeking a declaration that it is unconstitutional.
They are also seeking seek an injunction to stop the Dewan Rakyat from debating the private member’s bill.
The court today was filled with PAS supporters in anticipation of a decision.
However, Justice Asmabi ruled that this is a chambers matter which had to be held in an open courtroom as there were many parties.
Senior federal cousel Maisarah Jauhari represented Pandikar, Ismail, Ronald and Rosmee while senior counsel Sulaiman Abdullah appeared together with Takiyuddin for Hadi.
Besides the four plaintiff's hudud challenge, there is another challenge mounted by Gerakan which is fixed on Oct 20.
Hadi, who is also Marang MP, is seeking the implementation of hudud law by amending the Syariah Courts (Criminal Jurisdiction) Act 1965 in Parliament.
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