KUALA LUMPUR, Oct 13 – The High Court here on Tuesday had been set Nov 9 to decide an application by PAS president Datuk Seri Abdul Hadi Awang and four others to strike out a suit to prevent him from tabling a bill to amend the Syariah Court Act (Criminal Jurisdiction) 1965 in Parliament.
Judge Datuk Asmabi Mohamad set the date in chambers after hearing submissions by Abdul Hadi’s lawyers, Datuk Takiyuddin Hassan and Datuk Sulaiman Abdullah. In the meantime, the four had been named second to fifth defendants, while Abdul Hadi, was the first defendant.
The proceeding was also attended by lawyer Siti Kasim which representing Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin who filed the suit. Takiyuddin, when met by reporters, said the application to strike out the suit was made on the grounds that the plaintiffs should have filed a judicial review instead of an originating summons.
He also submitted that the court had no jurisdiction to question proceeding in Parliament based on the doctrine of separation of powers between the executive, legislative and judiciary. Abdul Hadi filed the application on July 2, claiming that the suit filed by the four individuals was without merit and that as a member of Parliament, he held special privileges and immunity.
In a supporting affidavit, Abdul Hadi said the four individuals had no right to block the proposal, its tabling and debate in the Parliament. The four individuals who filed the originating summons on June 12 also sought a declaration that the tabling of the proposed amendment by Abdul Hadi breached the terms outlined in Pakatan Rakyat’s ‘Buku Jingga’ (Orange Book).
There were also present in the high court were the senior federal counsel Shahroni Sanusi, representing Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and deputies speakers, Datuk Ismail Mohamed Said and Datuk Seri Dr Ronald Kiandee, and Dewan Rakyat secretary Datuk Roosme Hamzah.
