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Thursday, February 22, 2018

Pandikar’s bid to block Tawfik's Act 355 challenge thrown out



Dewan Rakyat speaker Pandikar Amin Mulia has failed to strike out a suit to challenge PAS president Abdul Hadi Awang's motion to amend Syariah Courts (Criminal Jurisdiction) Act 1965, or Act 355.
The High Court in Kuala Lumpur today decided it has jurisdiction to hear the originating summons brought by former Umno MP Tawfik Ismail (photo), who is seeking to prevent Hadi’s motion from being tabled in Parliament.
"In my considered opinion, this court has the jurisdiction to hear the application on whether the party allowing the motion to be tabled according to the (Parliamentary) Standing Order.
"The defendant’s application to strike out the case is dismissed," Justice Kamaludin Said said today.
Kamaludin ordered no costs, however, as the case was deemed to be in public interest.
The court fixed March 6 for hearing and instructed the defendants, Pandikar and Dewan Rakyat secretary Roosme Hamzah, to file their affidavits in reply.
Tawfik was represented by lawyer Rosli Dahlan while senior federal counsel Shamsul Bolhassan acted for Pandikar and Roosme.
Today's ruling showed that the speaker should be answerable to court on the issues of law and constitution, Rosli said.
"This is a very good judgment in the sense that in another similar case last Monday, a court ruled that it would not interfere with the internal proceeding in Parliament," he added.
Rosli was referring to a High Court decision to strike out a suit by Petaling Jaya Selatan MP Hee Loy Sian to challenge Pandikar's decision to not allow questions related to 1MDB to be raised in Parliament. 
"Here, we are saying that before Hadi's motion can be tabled, we must get the consent of the rulers, as according to Article 38 of the Federal Constitution," he said.
Rosli added that Pandikar declined to file an affidavit since March 2017.
"We filed an affidavit and he had chosen not to reply. Today, the judge has given time to file the affidavit," he said.
In March 2017, Tawfik, the son of the former deputy prime minister Ismail Abdul Rahman, filed the suit seeking a declaration that the proposed amendments to Act 355 were unconstitutional. - Mkini

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