File contempt action against Hadi for attack on judiciary, says ex-judge
Ex-federal court judge Gopal Sri Ram says Hadi Awang’s statement is highly contemptuous both of the court and the Federal Constitution.
PETALING JAYA: A retired Federal Court judge wants committal proceedings to be instituted against PAS president Abdul Hadi Awang for making a scurrilous attack against a Federal Court bench over their ruling that a Selangor shariah enactment which criminalises unnatural sex was unconstitutional.
Gopal Sri Ram said it was obvious from Hadi’s statement that he had not read Chief Justice Tengku Maimun Tuan Mat’s judgment.
“In my respectful view, his statement is highly contemptuous both of the court and the Federal Constitution. His attack shows his complete disregard for the rule of law,” he told FMT.
Sri Ram was referring to a statement posted by Hadi on his Facebook page two days ago in response to the verdict by a nine-member bench on Feb 25.
Tengku Maimun said Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is unconstitutional as the Selangor state legislature is incompetent to pass the law since it is already on the Federal List.
The top judge, who chaired the panel, had said the primary power to enact criminal laws lay with Parliament.
On Aug 21, 2019, the Selangor chief sharie prosecutor filed the charge against a man in the Selangor Shariah High Court.
The man, whose identity is being withheld at the request of his lawyers, attempted to commit sexual intercourse against the order of nature with other male persons at a house in Selangor on Nov 9, 2018.
The man claimed trial and the proceedings were stayed pending the outcome of his constitutional challenge in the Federal Court.
Sri Ram said those who had an interest in the matter should urgently take committal proceedings against Hadi, who is Marang MP and Malaysia’s special envoy to the Middle East.
“If Malaysiakini was guilty of contempt, then Hadi’s position is no better. If not worse. There cannot be a duality of approach when it comes to an attack upon an important pillar of government,” he said.
Mkini Dotcom Sdn Bhd, the company which runs Malaysiakini, was fined RM500,000 by the Federal Court after it was found guilty of scandalising the judiciary in publishing readers’ comments last year.
Gopal Sri Ram said it was obvious from Hadi’s statement that he had not read Chief Justice Tengku Maimun Tuan Mat’s judgment.
“In my respectful view, his statement is highly contemptuous both of the court and the Federal Constitution. His attack shows his complete disregard for the rule of law,” he told FMT.
Sri Ram was referring to a statement posted by Hadi on his Facebook page two days ago in response to the verdict by a nine-member bench on Feb 25.
Tengku Maimun said Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is unconstitutional as the Selangor state legislature is incompetent to pass the law since it is already on the Federal List.
The top judge, who chaired the panel, had said the primary power to enact criminal laws lay with Parliament.
On Aug 21, 2019, the Selangor chief sharie prosecutor filed the charge against a man in the Selangor Shariah High Court.
The man, whose identity is being withheld at the request of his lawyers, attempted to commit sexual intercourse against the order of nature with other male persons at a house in Selangor on Nov 9, 2018.
The man claimed trial and the proceedings were stayed pending the outcome of his constitutional challenge in the Federal Court.
Sri Ram said those who had an interest in the matter should urgently take committal proceedings against Hadi, who is Marang MP and Malaysia’s special envoy to the Middle East.
“If Malaysiakini was guilty of contempt, then Hadi’s position is no better. If not worse. There cannot be a duality of approach when it comes to an attack upon an important pillar of government,” he said.
Mkini Dotcom Sdn Bhd, the company which runs Malaysiakini, was fined RM500,000 by the Federal Court after it was found guilty of scandalising the judiciary in publishing readers’ comments last year.
The Attorney-General brought the charges against the news portal and its editor-in-chief Steven Gan who was subsequently found not guilty.
FMT:
However, lawyer Baljit Sidhu said the reason for the non-prosecution of the minister based on Khairuddin not being issued the form for undergoing quarantine was only a procedural issue, and not a substantive matter.
“Everyone knows that one must be quarantined for two weeks upon returning from overseas,” he said, adding that Khairuddin must have been well aware of the procedure.
Other lawyers FMT spoke to questioned the authorities’ enforcement of the law against different individuals.
They said the by-law made pursuant to Section 15(1) of Prevention and Control of Infectious Diseases Act clearly states that anyone entering the country needs to undergo health examination and be placed under home quarantine for the next 14 days.
Under Regulation 8(2) of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) Regulations 2020, the person placed under quarantine must wear a wristband as required by the authorised officer.
“The law must be enforced equally across the board. How is it fair when the minister is exempted from the home surveillance order while others are not?” lawyer Rafique Rashid Ali asked.
He said this issue also opens up a “can of worms” on the quarantine cases that have already been disposed of in courts.
“From the AG’s logic, these people cannot be charged if they do not have the home quarantine form (Form 14b),” Rafique said.
Fahmi Abd Moin concurred with Rafique, saying those who were convicted may now raise questions about their cases.
“They may want to seek reviews. We don’t know whether they were given Form 14b upon arrival but still faced charges for having gone out during their quarantine,” he said.
Fahmi noted that the announcement to put Khairuddin’s case under “no further action” (NFA) came after investigations papers were submitted for several times over three months.
“For the AG to now say Khairuddin was not given the form and thus did not breach any quarantine order is perplexing. As a public officer, the minister himself cannot plead ignorance by saying he doesn’t know the law,” he said.
Khairuddin’s predecessor, Teresa Kok, who first raised the issue of his quarantine breach in Parliament, said the decision not to take any action against him shows a double standard being practised by the government.
Umno Supreme Council member Mohd Puad Zarkashi also chimed in, saying the public now perceived Perikatan Nasional (PN) as practising “selective” enforcement.
“Everyone knows that one must be quarantined for two weeks upon returning from overseas,” he said, adding that Khairuddin must have been well aware of the procedure.
Other lawyers FMT spoke to questioned the authorities’ enforcement of the law against different individuals.
They said the by-law made pursuant to Section 15(1) of Prevention and Control of Infectious Diseases Act clearly states that anyone entering the country needs to undergo health examination and be placed under home quarantine for the next 14 days.
Under Regulation 8(2) of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) Regulations 2020, the person placed under quarantine must wear a wristband as required by the authorised officer.
“The law must be enforced equally across the board. How is it fair when the minister is exempted from the home surveillance order while others are not?” lawyer Rafique Rashid Ali asked.
He said this issue also opens up a “can of worms” on the quarantine cases that have already been disposed of in courts.
“From the AG’s logic, these people cannot be charged if they do not have the home quarantine form (Form 14b),” Rafique said.
Fahmi Abd Moin concurred with Rafique, saying those who were convicted may now raise questions about their cases.
“They may want to seek reviews. We don’t know whether they were given Form 14b upon arrival but still faced charges for having gone out during their quarantine,” he said.
Fahmi noted that the announcement to put Khairuddin’s case under “no further action” (NFA) came after investigations papers were submitted for several times over three months.
“For the AG to now say Khairuddin was not given the form and thus did not breach any quarantine order is perplexing. As a public officer, the minister himself cannot plead ignorance by saying he doesn’t know the law,” he said.
Khairuddin’s predecessor, Teresa Kok, who first raised the issue of his quarantine breach in Parliament, said the decision not to take any action against him shows a double standard being practised by the government.
Umno Supreme Council member Mohd Puad Zarkashi also chimed in, saying the public now perceived Perikatan Nasional (PN) as practising “selective” enforcement.
Forget about Rule of Law.
ReplyDeleteMalusia is a Very Komunis country now.
Ruling Party members have complete immunity.
Remember always,
The Party is the State
The State is the Party.
Vice Chairman Hadi will get away with almost anything he says, just like the Rich and Red gang.
many malaysia communist disguise as religious kind but their color of jungle show their true color, outside green but red inside.
DeleteU know Communism?
DeleteOr u just farted as usual!
Malaysiakini itu pun bukan depa punya komen...lima ekor cybertrooper... polis tak saman, hanya hos yang kena tangkap. Komen Hadi itu komen dia yang buat, bukan orang lain.....
ReplyDeleteKT better follow Wee KHAT Siong/MCA's advice, don't stir up racial/religious issues and cause trouble, just spread your eggs around and learn karate....ha ha ha...
ReplyDeleteOf course there is double standards. Our AGs have proven to be working hand in glove with the government of the day and Idris Harun is no exception.
ReplyDeleteThis is after all, Malaysia, Truly Asia