KUALA LUMPUR: PAS president Datuk Seri Abdul Hadi Awang is seeking for a lawsuit against him over allegedly seditious remarks he made against Christians, five years ago to be struck out.
The suit was filed by two Sabahan men namely Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian to declare Abdul Hadi unfit to hold any ministerial position in the government over the alleged remarks.
The striking out application was filed by Abdul Hadi through law firm Messrs Yusfarizal Aziz and Zaid yesterday.
Counsel Yusfarizal Yussoff who represented Abdul Hadi said the court has set April 19 for decision of the application.
"The court also ordered both parties to file their written submissions by March 11. The court has also fixed April 19 for clarification and decision," he said when contacted.
The case management of the matter today was conducted via Zoom before High Court judge Datuk Akhtar Tahir.
Abdul Hadi is seeking to strike out the originating summons by Masiau and Kinsil on grounds that the duo have no locus standi and that the suit has no cause of action.
He claimed that the legal action brought against him was unreasonable, frivolous, vexatious and an abuse of the court process.
In his application, Abdul Hadi also claimed that the legal action was an attempt to oppose and take over the prerogative power of the Prime Minister to make appointments.
Among others, he said the lawsuit was brought against him to deny his rights under Article 8 (2) of the Federal Constitution which gives freedom to citizens to hold any public office.
The two Christian men from Labuan, Sabah, had filed an originating summons on Dec 9 last year, claiming that the defendant (Abdul Hadi) had acted in contrary to Section 3 of the Sedition Act 1948.
They claimed that Abdul Hadi had made an unfounded statement and casted aspersions on Christians and the Christian missionaries.
The statement, they claimed was issued by the Marang member of Parliament on Jan 18, 2016, in the Harakah newspaper and later reported by online news portal Free Malaysia Today.
They claimed that the statement made by Abdul Hadi has affected the Christian community in the country and thus became a public interest matter.
They said they had filed the legal action as it has been more than four years since the defendant issued the allegedly seditious statement but no prosecution was ever brought against him.
"As such, we verily believe and respectfully state that the defendant is unfit to hold any position in the government of Malaysia, including that of a position equivalent to a ministerial post," they said.