JUNE 16 — The government has today stressed that Malaysia is not a secular state.

Minister in the Prime Minister’s Department Dato Seri Jamil Khir Baharom is reported to have said so in a written answer to Oscar Ling Chai Yew (DAP-Sibu) in Parliament last week.

With respect, the Minister seems to overlook the decision of a five-man bench of the Supreme Court in 1988 in Che Omar Che Soh vs Public Prosecutor which held and said clearly that the law in this country is secular law.

This issue has come up time and again. It is a matter of general public importance. There is a need for clarity on the point as it involves a provision of the Federal Constitution, a Supreme Court ruling and varying positions taken on it by the government.

Given the magnitude of importance of the matter, it is my respectful view that it should be dealt with and resolved by a full bench of the Federal Court soonest possible.

The Yang di-Pertuan Agong has the power to refer to the Federal Court for its opinion a question as to the effect of any provision of the Federal Constitution.

Article 130 of the Federal Constitution which provides for advisory jurisdiction of the Federal Court, reads as follows:

“The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

As Member of Parliament, I respectfully call upon the Yang di-Pertuan Agong to consider invoking his powers under Article 130 to refer this matter to the Federal Court for its opinion as to whether or not Malaysia is a secular state.

The former MP for Bukit Gelugor, the late Mr Karpal Singh had in 2012 made a similar call so as to resolve the matter for once and for all.

*Gobind Singh Deo is the DAP MP for Puchong.

**This is the personal opinion of the writer and does not necessarily represent the views of The Malay Mail Online.