PUTRAJAYA: The Federal Court has reversed a Court of Appeal declaration of unconstitutionality against Negri Sembilan's anti-cross-dressing law for men.
A five-man panel headed by Court of Appeal president Tan Sri Md Raus Sharif ruled that the legal challenge against Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 was void from the very beginning it was filed.
The panel ruled that this was because the legal challenge - initially filed at the Seremban High Court - should have instead been filed straight to the Federal Court.
The apex panel also consisted of judges Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Datuk Azahar Mohamed and Datuk Zaharah Ibrahim.
Senior lawyer Tan Sri Dr Muhammad Shafee Abdullah led the legal team for the appellants: the state government, its Islamic council, the state's Islamic Affairs Department, it's director, Syariah enforcement chief and Syarie prosecutor.
Counsel Aston Paiva headed the legal team for the respondents, transgender bridal assistants Muhamad Juzaili Mohd Khamis, 26; Shukor Jani, 28; and Wan Fairol Wan Ismail, 30.
In Nov 7 last year, the Court of Appeal delivered a landmark judgment favouring the three respondents, who had challenged Section 66.
The court ruled that the provision was unconstitutional as it discriminated against Muslim men suffering from a medical condition called gender identity disorder.