An Iranian death row inmate has through his lawyer, Ramkarpal Singh, filed an application to stay his execution pending an amendment to a law that gives judges discretion on sentencing.

Ramkarpal filed a motion before the Federal Court today on behalf of Hamidreza Farahmand Hassan for a stay of the death sentence imposed on the Iranian for drug trafficking - until the amendment to the Dangerous Drugs Act 1952, which gives discretion to the court to impose other forms of punishment, is passed.

Hamidreza has already exhausted all legal avenues after the death sentence was upheld by the Federal Court last year and has submitted an appeal for clemency before the Selangor sultan last week.

The Iranian was found guilty on May 19, 2014, by the Shah Alam High Court, and the Court of Appeal upheld the decision on Feb 25, 2015.

Ramkarpal is hoping that if the amendment is passed, the sentence can be applied retrospectively for his client to escape the death penalty.

He filed the motion at the Federal Court registry citing a Parliament Hansard quoting Minister in the Prime Minister's Department Azalina Othman Said citing a study done on the death penalty by the International Centre for Law and Legal Studies and the Attorney General's Chambers on the matter.

“The result of the research has been tabled on March 1, this year where the cabinet approved that the amendment to Section 39B of the Dangerous Drugs Act 1952, is included as an additional provision that gives discretion to the court to impose other punishment besides the death sentence,” he said in reading the minister's reply.

Azalina further added that the ministry and other agencies would prepare a new cabinet memorandum to propose the amendment to the Dangerous Drugs Act for cabinet approval.

Ramkarpal said he had also filed two questions in the present seating of Parliament, scheduled later this month, regarding those amendments asking specifically when the amendment to Section 39B would be tabled in Parliament and whether on enforcing the amendment it could be applied retrospectively or otherwise.

“This motion before the Federal Court only applies to prisoners facing death row who are found guilty of drug trafficking and not other offences,” he said.

“It is time that the government re-looks the policy as prior to 1983, Section 39B gives the discretion to the court and judge not to impose the death penalty,” he said.

Hence, the lawyer said this would be a "test case" that may apply to other similar cases of prisoners on death row for drug trafficking.

Ramkarpal also hoped that the court will fix an early hearing date for the motion.

Meanwhile, lawyer Sangeet Kaur Deo said there has been a discussion on changing the death sentence for prisoners charged with trafficking, and the government should act in good faith by staying all the death sentence until the amendment is made and apply it retrospectively.