‘Action by Mohd Taufik premature’

KUALA LUMPUR: Former Sungai Benut member of parliament, Mohamed Tawfik Tun Dr Ismail’s legal action against Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia and Dewan Rakyat secretary Roosme Hamzah is clearly premature and hypothetical as the Bill 355 has yet to be debated and passed to become a valid law, the High Court was told yesterday.

Senior Federal Counsel Shamsul Bolhassan told reporters he had submitted to the court that Mohamed Tawfik’s action was unsustainable and an abuse of the process of the court because the decision made by the second defendant was non-justiciable by virtue of Article 63(1) of the Federal Constitution.

“Article 63 of the Federal Constitution provides a ‘Privileges of Parliament’, which states the validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court,” said Shamsul who acted for Pandikar Amin and Roosme as defendants in their application to strike out the suit by Mohamed Tawfik.

He told reporters this after submitting his submissions in chambers before Justice Datuk Wira Kamaludin Md Said.

Lawyer Rosli Dahlan who acted for Mohamed Tawfik, in his submission said when the statutory law or the Constitution were involved, it was the duty of the courts to keep Parliament within its constitutional limits, and parliamentary privilege could not displace the law of the Constitution.

Mohamed Tawfik filed the originating summons on March 31, 2017, pertaining to the Syariah Courts ( Criminal Jurisdiction) (Amendment) 2016 Bill or Bill 355 brought forth by PAS president Datuk Seri Abdul Hadi Awang.

He is seeking a declaration that Abdul Hadi’s motion to amend the law was in breach of the Federal Constitution, as well as procedures and Standing Orders of the Dewan Rakyat.

He is also seeking a declaration that the proposed amendments were made without the consent of the Conference of Rulers.

The court set Feb 19 for the decision to strike out application by the defendants. — Bernama