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”. Read more

Speaker allows Shariah Bill, says sub judice not barrier to lawmaking

Source: The Malay Mail Online

A group of people hold placards with slogans expressing support for the private member’s Bill by PAS president Datuk Seri Abdul Hadi Awang outside the Parliament building in Kuala Lumpur on April 6, 2017. — Picture by Yusof Mat Isa for the MMO.

A group of people hold placards with slogans expressing support for the private member’s Bill by PAS president Datuk Seri Abdul Hadi Awang outside the Parliament building in Kuala Lumpur on April 6, 2017. — Picture by Yusof Mat Isa for the MMO.

KUALA LUMPUR, April 6 — The legal rule of sub judice cannot be cited to prevent Parliament from performing its legislative function, Tan Sri Pandikar Amin Mulia said when allowing a private member’s Bill to enhance Shariah sentencing today.

Rejecting allegations of abuse in his decision to admit the Bill despite an ongoing lawsuit to block this, Pandikar said each arm of the government must not interfere with the others.

“If a court stops this, that means the courts become more powerful than Parliament,” he told the Dewan Rakyat today, citing parliamentary rules on sub judice. Read more