‘Tawfik’s challenge premature’

Too early to say Constitution will be affected by Private Member’s Bill, says counsel

KUALA LUMPUR:

Moderation advocate Mohamed Tawfik Ismail’s bid to challenge PAS’ Private Member’s Bill and declare it as unconstitutional is premature, the High Court here was told.

In his submission to Justice Kamaludin Md Said in chambers yesterday, senior federal counsel Shamsul Bolhassan said Mohamed Tawfik has no right under the law to challenge the Bill.

Shamsul, representing Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and Dewan Rakyat sec retary Datuk Roosme Hamzah, made the submission in an application to strike out the suit filed by Mohamed Tawfik against his clients.

“It is too early for the plaintiff to assume that the Bill will be passed and that rights under the Constitution will be affected.

“The plaintiff ’s action is clearly premature and hypothetical as the Bill has yet to be debated and finally decided before it can become a valid law,” he said.

Shamsul said that under Article 63 of the Federal Constitution on privi leges of Parliament, the validity of any proceedings in either House or any committee thereof should not be questioned in any court.

The application also sought for the originating summons to be struck out with cost.

Lawyer Rosli Dahlan, who represented Mohamed Tawfik, submitted that when statutory law or the Constitution is involved, it is the duty of the courts to keep Parliament within its substantive and procedural constitutional limits.

“Parliamentary privilege cannot displace the law of the Constitution,” he said.

The court then fixed Feb 19 for decision on the application.

In March last year, former Sungai Benut MP Mohamed Tawfik filed an originating summons seeking to declare the Bill as unconstitutional and that it flouts parliamentary procedures.

The suit named Pandikar Amin and its secretary Roosme as defendants.

Mohamed Tawfik said the Dewan Rakyat’s decision to allow a motion to table the Bill by PAS president Datuk Seri Abdul Hadi Awang was in contempt of the Rulers Conference as prior consent was not obtained.

On March 29, the Government decided not to table the Private Member’s Bill to amend the Syariah Courts (Criminal Jurisdiction) Act or RUU355.

In announcing the decision, Barisan Nasional chairman Datuk Seri Najib Tun Razak said it was done in line with the principle of consensus.