RUU 355: Pandikar Amin applies to strike out Mohamed Tawfik's OS

KUALA LUMPUR: Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia (pix) and Dewan Rakyat Secretary Roosme Hamzah have applied to the High Court to strike out the originating summons filed against them by former Sungai Benut member of parliament, Mohamed Tawfik Tun Dr. Ismail.
The case pertained to the Syariah Courts (Criminal Jurisdiction) (Amendment) 2016 bill or RUU 355 proposed by PAS president Datuk Seri Abdul Hadi Awang.
Pandikar Amin and Roosme as defendants filed the application two months ago on grounds that it was frivolous, vexatious and an abuse of the court process.
Senior federal counsel Shamsul Bolhassan told reporters when met after the mention of the case in chambers before justice Datuk Wira Kamaludin Md Said today, that the application was based on Article 62(1) and Article 63(1) of the Federal Constitution.
Article 62(1) states that "each House of Parliament shall regulate its own procedure" while Article 63(1) states that "the validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court".
Mohamed Tawfik filed the originating summons on March 31, 2017, 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 plaintiff contended that under Standing Order 49 and/or 48, the speaker should not allow RUU 355 to be debated in the Dewan Rakyat without the consent of the Conference of Rulers.
Mohamed Tawfik was represented by counsel Mansoor Saat.
Meanwhile the court set Jan 11, 2018, to hear the defendants' application. — Bernama