www.heraldmalaysia.com/news/mccbchst-urges-adherence-to-federal-court-ruling/75295/1
MCCBCHST urges adherence to Federal Court ruling
In a decisive stance, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) has voiced its concern over the Kelantan legislative assembly’s recent motion to re-enact 16 provisions previously nullified by the Federal Court in the landmark Nik Elin Zurina Binti Nik Abdul Rashid & Another v Negeri Kelantan case, decided on February 9, 2024.
KUALA LUMPUR: In a decisive stance, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) has voiced its concern over the Kelantan legislative assembly’s recent motion to re-enact 16 provisions previously nullified by the Federal Court in the landmark Nik Elin Zurina Binti Nik Abdul Rashid & Another v Negeri Kelantan case, decided on February 9, 2024.
The Federal Court, in an 8-1 judgment, had declared these provisions from the Kelantan Syariah Criminal Code (1) Enactment 2019 unconstitutional, as they exceeded the state’s legislative authority under the Federal Constitution. The ruling emphasised that these sections, dealing with matters already governed by federal law, violated the constitutional demarcation of legislative powers between the state and the federation.
The MCCBCHST’s statement, issued on March 14, underscores the Kelantan legislature’s obligation to adhere to the Federal Constitution and the court’s decision. It criticises the state’s legislative assembly for challenging the constitution, the highest court, and the rule of law through its motion. The council urges the Attorney General, as the guardian of public interest and constitutional protector, to advise the Kelantan State Government against any attempts to reinstate the impugned provisions, highlighting the potential threat such actions pose to democracy and national stability.
Citing several landmark Federal Court decisions, the MCCBCHST reaffirms the constitutional limitation on legislative powers, the secular nature of Malaysia’s legal framework, and the specific jurisdiction of Syariah Courts. It appeals to the foundational principles of the constitution, including the separation of powers, the rule of law, and the protection of minorities, as essential elements that cannot be overridden by legislative or constitutional amendments.
The council’s plea for the Kelantan State Government to respect and accept the Federal Court’s ruling is echoed by its diverse leadership, comprising representatives from major religious communities in Malaysia. The statement concludes with a call for all parties to act in the country’s best interests and uphold constitutional democracy, emphasising the urgency of maintaining harmony and legal integrity within Malaysia’s pluralistic society.
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