The government's inconsistent stand on the tabling of the amendments to the Syariah Courts (Criminal Jurisdiction) Act (Act 355) is "political posturing and a ploy" by Umno and PAS as the general election approaches.

This is a claim made by Mohamed Tawfik Ismail, the son of former deputy prime minister Dr Ismail Abdul Rahman, in an affidavit he filed in court.

It follows that Deputy Prime Minister Ahmad Zahid Hamidi, at one point last month, said the government would table it, and later Prime Minister Najib Abdul Razak stated that the motion would be tabled by PAS president Abdul Hadi Awang.

“Hence, Act 355 is not a genuine promulgation of laws for the good of Malaysia and her citizens,” Tawfik said in a second affidavit in support of his application filed last month.

The second affidavit was filed following Speaker Pandikar Amin Mulia's decision to allow Hadi to file the motion.

Tawfik is seeking a declaration that the proposed amendments are unconstitutional.

He further claimed that the PAS president's motion was an abuse of the process, with the use of religious sentiments for political purpose.

“This is an abuse of process and in contempt of Parliament as a sacred institution, which is now embroiled in the promulgation of law which affects national policy that creates discrimination among Malaysian citizens on the basis of religion, race, descent, place of birth or discriminatory on the ground that a person being exposed to criminal punishment that discriminates on the basis of religion, race, descent and place of residence,” Tawfik claimed.

Rukun Negara principles violated

He further claimed that the Dewan Rakyat speaker and his secretary, in allowing Hadi's motion to be tabled, had violated the principles of Rukun Negara, which clearly constrains such perverse intentions.

Following that, Tawfik added, it becomes incumbent upon the court to prevent the violation of the spirit of the Federal Constitution, when the speaker had shown neglect, failure and refusal to abide by the constitutional provisions to refer and consult the matter with the Conference of Rulers.

In his application, Tawfik had said that the amendments are unconstitutional as there was no "go-ahead" by the Conference of Rulers, as the nine Malay rulers also head Islamic matters in their respective states.

Tawfik, who hails from Johor, said the reliefs that he sought are proper and necessary now, in light of the speaker's action, which he claimed “will embroil Parliament into violating the constitution and the standing orders of the Dewan Rakyat”.

The court, he added, is the last bastion to preserve, defend and protect the constitution and the rule of law.