KUALA LUMPUR, Nov 9, 2015:
PAS president Datuk Seri Abdul Hadi Awang has succeeded in his application to strike out a suit filed by four plaintiffs to stop him from tabling the bill on hudud in Parliament.
According to PAS secretary-general Datuk Takiyuddin Hassan, who appeared for Abdul Hadi, the High Court Judge (Appellate and Special Powers Division) Datuk Asmabi Mohamad ruled that the four plaintiffs had no locus standi in initiating the suit against the PAS president.
No order as to cost was made by the court.
“The court also agreed that the plaintiffs have used a wrong mode of action to initiate their case as it should have been by way of judicial review (instead of a law suit),” he told the reporters outside the courtroom today.
He explained another ground given by court was that it was a premature suit since the motion had yet to be debated or passed by the Parliament.
“The plaintiffs have also failed to prove to the court who are they as only the first plaintiff (Mansoor Saat) made an affidavit to represent the three other individuals,” he said.
Takiyuddin said the identity of the three other plaintiffs remained vague.
“(With the striking out of suit) Members of Parliamet can now bring the motion (to table the hudud bill) in Parliament,” he said, adding that it was unsure if Abdul Hadi would do so.
He further added that the plaintiffs could file a new suit over the matter in accordance with proper procedures or appeal against the decision.
Meanwhile, counsel Farez Jinnah who appeared for Mansoor and three others – Azira Aziz, Hasbeemaputra Abu Bakar and Hazwany Jamaluddin, will seek further instructions from his clients.
The four filed the suit on June 8 this year to stop Abdul Hadi from tabling a bill to amend the Syariah Courts (Criminal Jurisdiction) Act 1965.
Apart from Abdul Hadi, the respondents also named Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia, Deputy Speakers of the Dewan Rakyat, Datuk Ismail Mohamed Said and Datuk Seri Dr Ronald Kiandee, and Dewan Rakyat secretary Datuk Roosme Hamzah as the petitioners in the suit.