KOTA BARU: The Kelantan State Assembly unanimously passed a motion for the re-enactment of 16 criminal provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019, which were deemed unconstitutional and invalid for enforcement in the state.
The motion, based on the Federal Court's decision made on Feb 9, was read by speaker Datuk Mohd Amar Nik Abdullah and approved by all assemblymen, including two opposition members.
Amar stated that the state legislative assembly urges the re-enactment of the provisions that were previously invalidated.
He said the state assembly also expressed disappointment over the nullification of 16 out of the 18 provisions under the Kelantan syariah criminal code enactment.
Previously, the apex court ruled that 16 provisions in the Kelantan Syariah Criminal Code Enactment (1) 2019, as null and void, on the grounds that the state assembly did not have the power to enact laws on matters that are supposed to be legislated by Parliament.
Chief Justice Tun Tengku Maimun Tuan Mat, who led a nine-member panel of judges, made the landmark ruling after an 8-1 majority verdict.
Other members of the bench were Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, and federal court judges Tan Sri Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan, and Datuk Abu Bakar Jais.
Abdul Rahman was the only judge who dissented with the majority.