Tawfik Ismail gets court nod to challenge Pandikar over Act 355 amendment

 |Feb 22, 2018

KUALA LUMPUR: Moderation advocate Mohamed Tawfik Ismail was today granted leave by the High Court to challenge Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia for allowing the controversial Act 355 amendment to the Syariah Courts (Criminal Jurisdiction) Act.

Acording to The Star Online, Tawfik’s lawyer, Rosli Dahlan said that Justice Datuk Kamaludin Md Said has taken the position that the Parliamentary Speaker is answerable to court with respect to areas of law and constitutionality.

“This is a good judgement because if you remember last Monday, a similar point was taken that the Parliamentary (Speaker) ought to answer to court but the court took position that in relations to the 1MDB being questioned in Parliament was an internal proceeding matter.

“Here we say that it is an issue of Constitution, before Hadi’s RUU355 can be tabled, it must require the consent of the rulers. So the applicant Tawfik is saying that we must respect the Constitution and follow the process.

“Article 38 of the Constitution says matters of this nature (Islamic matters) must be referred to the Council of Rulers,” said Rosli.

Act 355 is a private members Bill tabled by PAS president Datuk Seri Abdul Hadi Awang seeking to amend sections of the Shariah Court’s criminal proceedings and to implement hudud.