Gerakan Youth deputy chief Andy Yong has expressed regret for accusing the apex court of making a "political decision" in turning down Gerakan's bid to challenge the constitutionality of the Kelantan Syariah Criminal Code II 1999 (Amendment 2015).

In an email to Malaysiakini, he said: "On reflection I believe the decision was made by the court in their judicial wisdom."

"Even though the Gerakan legal team was disappointed with the decision we reiterate our commitment to the judicial process and its integrity.

"I apologise if anyone was offended by the remarks," he added.

In a Facebook posting earlier, Yong had described the court decision as being political.

"Gerakan filed the suit at Kota Bahru High Court last year where our Originating Summons clearly challenged the Kelantan Criminal Enactment Code (1999) and not the 2015 Amendment.

"So, is the law passed in 1999 premature?" he asked.

Yong said an appeal was not made to the Court of Appeal but a fresh application was filed with the Federal Court.

“Leave was not granted because our Muslim applicant did not state his religion in the affidavit.

"Ironically, (former minister) Zaid Ibrahim filed a similar suit back in 2003 and leave was granted though he did not mention his religion," he added.

He said Gerakan's legal approach was guided by a former Federal Court judge, who was also the party's lead counsel at the Federal Court, while other counsel have been in litigation practice for more than 15 years.

"Case authorities especially from Commonwealth countries ie Hong Kong and India were in favour of our case, yet the court refused to decide on the merits," he claimed.

"Those who followed the case closely, especially from the legal fraternity, would understand it was an apparent political decision," he added.

Gerakan members Tuan Mat Tuan Wil, Soh Hoon Lee and Chung Mon Sie filed the originating summons on March 18, 2015, the day when the enactment was tabled in the Kelantan state legislative assembly.

The Kelantan state government was named as defendant.

The applicants then applied for the High Court to refer the constitutional challenge of hudud to the Federal Court, which denied the trio's leave application.

PAS president Abdul Hadi Awang had tabled a motion of a private member’s bill on Syariah Court (Criminal Jurisdiction) Act 1965 or Act 355 for the fourth time in the current Dewan Rakyat sitting.

His motion in seeking to extend the power of syariah courts would pave the way for implementation of hudud in Kelantan.

"Gerakan was threatened by Muslim voters that they will not support us but we fight on to defend the sanctity of the Federal Constitution," said Yong.

"Gerakan president (Mah Siew Keong) had taken a stand he will resign as a minister if hudud is passed. Similarly Gerakan secretary-general Liang Teck Meng had openly said he will vote against the motion."