Do our Judges truly give priority to the Constitution?

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Disappointed with the Federal Court’s decision in disallowing Gerakan’s leave to hear our challenge against Pas Hudud.

Though the learned Judge held that we passed the first test held in Mamat Daud case ie our application is not frivolous and vexatious but our applicants did not state whether there are Muslims or not in their affidavits. She could have taken judicial notice that clearly our first applicant is a Kelantanese Muslim.

In 2003 Datuk Zaid Ibrahim filed in a similar suit at the Federal Court against Kelantan state. Leave was granted though he did not mention he is a Muslim in his affidavit. That is why I said it is not really a judicial decision but…

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Hudud needs Conference of Rulers’ consent?

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Gerakan asked if PAS’ president Abdul Hadi Awang has consulted the sultans on his hudud bill, considering the Islamic penal code would apply to all Muslims including the royalty.

Gerakan’s head lawyer and national deputy youth chief Andy Yong asked in Hadi had gotten the “green light” from the rulers to proceed with his bill.

He pointed out Kelantan’s Syariah Criminal Code 1993 (II) (Amendment) 2015 (hudud) would apply to all who profess Islam, including the rulers as no exception has stated otherwise.

“Hence article 38(4) clearly states that, ‘No law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the Conference of Rulers (COR).

“I doubt Hadi or Kelantan state consulted the COR, not to mention that the constitution required a special court under article 182 for any proceedings by or against the rulers, was not taken into account in the Kelantan hudud law,” said Yong in a statement.

“With the ongoing hudud legal battles in court such as the injunction against the speaker by the four Malay applicants and Gerakan’s challenge at the federal court, perhaps the COR should be consulted and decide on the hudud law in accordance to the federal constitution,” he said.

Yong reminded that the sultans are the head of Islam according to Article 3 (2) of the federal constitution.

While Hadi had tabled his bill in Parliament after securing a unanimous vote from PAS and Umno assemblypersons for the hudud enactment at the Kelantan assembly, the bill has yet to be heard in the last two sittings.

“As of today, it is reported that Hadi has yet to table his third attempt of the private member’s bill,” Yong noted.

Don’t play the “slap” racial game

Tajuddin ‘slap’ remark earns ‘flying kick’ response – http://m.malaysiakini.com/news/314220

Gerakan Youth deputy chief Andy Yong wonders whether deputy Agriculture and Agro-based Industry Minister, Tajuddin Abdul Rahman has an inferiority complex following his remark of ‘wanting to slap the Chinese’.

Yong said Tajuddin should maybe slap himself first.

“What makes him think Chinese ambassador Huang Huikang’s visit (to Petaling Street) is about seeking a godfather assistance? Why must he or those like him always want to play the racial game?” he asked.

“With such a mentality from people like Tajuddin, the country can never produce a just and fair society. Our nation will not move forward progressively.

“On behalf of Malaysians, I can also warn him by giving a flying kick which is harder and longer than his hand,” said Yong.

Yong (photo) added it was people like Tajuddin that would cause BN to lose votes.

This, he said, is especially from amongst the urban electorate or those who are fence-sitters.

“I hope Prime Minister Najib Abdul Razak will take stern action against him by suspending or terminating his services as deputy minister,” he said.

Stop ‘fantasising’

Yong, who is also a lawyer, was commenting on Tajuddin’s remark today where he warned Malaysian Chinese community not to take their grouses outside of the country or risked getting slapped.

“Nak kena lempang macam itu (Going to get a slap, if like that),” Tajuddin had said at a press conference in Kuala Lumpur.

He had also called on the Chinese Malaysians to stop ‘fantasising’ about external powers coming forward to defend them.

“Chinese people in Malaysia, don’t fantasise that there will be a big boss coming, that there will be a godfather coming from China to help you. Don’t fantasise like that,” Tajuddin had said.

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