KUALA LUMPUR: The High Court was told that it had no power to halt the tabling of a Hudud-linked Private Members Bill in Parliament.
Yesterday after the chamber matter, counsel Datuk Takiyuddin Hassan confirmed that co-counsel Datuk Sulaiman Abdullah had submitted that the doctrine of separation of powers bars the executive, the legislative and the judiciary from interfering in each other's proceedings.
Takiyuddin was speaking to reporters after the matter yesterday where he and Sulaiman had acted for Pas president Datuk Seri Abdul Hadi Awang, who had applied to strike out a suit that sought to stop him(Hadi) from tabling the bill.
Confirming what was submitted by Sulaiman before judge Datuk Asmabi Mohamad, Takiyuddin said Sulaiman had argued that the High Court have no jurisdiction to question the proceedings of the Dewan Rakyat.
"Whether proceedings(Hadi's bid to table the bill during Parliamentary session) was correct or not should only be determined by Parliament, not the court," Takiyuddin said.
Takiyuddin said they had argued that the legal action by four people that sought to stop the bill-tabling by Hadi, who was the main defendant, was premature as no legislation(law-amendment) had even taken place.
"I suggest that a motion(via a member of parliament) be made in Parliament(on the Hudud-linked bill), and not to be decided by the court," Takiyuddin said.
He added that the four people's legal action was defective in law as it should have been filed as a judicial review application instead of via originating summons.
"The court set Nov 9 for decision on the bid to strike out," Takiyuddin said.
Counsel Siti Kassim appeared for the four plaintiffs - Mansoor Saat, Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin - who initiated the legal action.
Senior federal counsel Shahroni Sanusi acted for the remaining four defendants: Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and his deputies Datuk Ismail Mohamed Said, Datuk Ronald Kiandee and Datuk Roosme Hamzah.
In June, Mansoor and the three plaintiffs filed the constitutional challenge against Hadi's attempt to table the bill that sought to amend the Shariah Courts(Criminal Jurisdiction) Act 1965.
It is understood that the amendment would expand the powers of the Kelantan Syariah courts to pass judgments in cases linked to the state's Hudud law, which was passed by the state legislature on March 19.
On that date, the Kelantan legislature passed the Syariah Criminal Code II 1993 (Amendment 2015) to enable the implementation of Pas' hudud law in the state.