Court to hear Pandikar’s application to strike out originating summons in RUU355 case


Source: The Malaysian Insight

DEWAN Rakyat Speaker Pandikar Amin Mulia and Dewan Rakyat Secretary Roosme Hamzah have applied to strike out the originating summons filed against them by former Sungai Benut MP Mohamed Tawfik Ismail in a case pertaining to the Syariah Courts (Criminal Jurisdiction) (Amendment) 2016 bill.

Pandikar and Roosme as defendants filed the application two months ago on grounds that the originating summons was frivolous, vexatious and an abuse of the court process.

The defendants’ application was based on Articles 62(1) and 63(1) of the Federal Constitution, senior federal counsel Shamsul Bolhassan told reporters after the case mention in the chambers of Justice Kamaludin Md Said.

Article 62(1) states that “each House of Parliament shall regulate its own procedure” while Article 63(1) states that “the validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court”.Tawfiq filed the originating summons on March 31 seeking a declaration that PAS president Abdul Hadi Awang’s motion to amend the law was in breach of the Federal Constitution and the procedures and Standing Orders of the Dewan Rakyat.

Tawfiq is also seeking a declaration that the proposal for amendments was made without the consent of the Conference of Rulers.

The plaintiff contends that under Standing Orders 49 and/or 48, the speaker should not allow RUU 355 to be debated in the Dewan Rakyat without the consent of the Conference of Rulers.

Tawfik isrepresented by counsel Mansoor Saat.

The Hgh Court will hear the defendants’ application on January 11.