The Court of Appeal has no jurisdiction to declare that a provision in the Negri Sembilan Islamic criminal enactment as unconstitutional as three transgenders had used the wrong legal procedure to start their action, the Federal Court ruled today.
A five-man bench led by Tan Sri Md Raus Sharif, who delivered the unanimous judgments, said the trio should have gone to the Federal Court as they were challenging the competency of the state legislature to make laws.
“So the Court of Appeal was in grave error in determining the validity of section 66 of the Negri Sembilan Shariah Criminal Enactment as unconstitutional,” he said in allowing a preliminary objection by the NS government and state Islamic religious council.
In November, judge Datuk Mohd Hishamudin Mohd Yunus, who led a three-man Court of Appeal bench, declared the section was void as it violated their constitutional right of freedom of expression, movement and the right to live in dignity and equality. – October 8, 2015.
MORE TO COME
- Cubaan transgender untuk semakan kehakiman tidak sesuai [8 Okt 2015]
- Square one for transgenders as Federal Court overturns landmark ruling on Shariah law [8 Oct 2015]
- Court of Appeal wrong to declare religious law unconstitutional, rules Federal Court [8 Oct 2015]
- Ruling on transgender may be overturned on technicality [14 Aug 2015]
- Transgenders’ bid to challenge cross-dressing law improper and premature, apex court told [13 Aug 2015]
- Two lawsuits today spotlight supremacy of constitutional guarantees vs Islamic law [13 Aug 2015]
- Correcting an injustice towards the transgender community – Azrul Mohd Khalib [12 Aug 2015]
- Transgenders and Constitutional Rights – Gurdial Singh Nijar [1 May 2015]