KUALA LUMPUR, May 27 — MIC, MCA, Gerakan and SUPP today expressed their unhappiness at not being consulted before PAS’s Bill on hudud was fast-tracked in Parliament.
The Barisan Nasional (BN) components said in a joint statement that concerns remain over the contents of the Private Member’s Bill proposed by PAS president Datuk Seri Abdul Hadi Awang that seeks to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 to enable the implementation of hudud in Kelantan.
“We are saddened by the current events where the PAS MP for Marang YB Datuk Seri Hadi Awang’s Private Member’s Bill was permitted to be tabled for debate by elevating it above government’s matters,” the statement read.
“We are also disappointed by the fact that this matter was not discussed within the Cabinet or the Barisan Nasional Supreme Council.”
The statement was signed by MCA president Datuk Seri Liow Tiong Lai, MIC president Datuk Seri Dr S. Subramaniam, Gerakan national president Datuk Seri Mah Siew Keong, and SUPP deputy president Datuk Seri Richard Riot.
The group said the Bill effectively seeks to remove safeguards that at present, limits Shariah Court punishments to jail terms not exceeding three years, or whipping of not more than six strokes, or fine of not more than RM5,000.
The safeguards, which they referred to as the “3-6-5 safeguards” exist to keep the law uniform with other existing laws in the country.
The group added that should these be removed, there would be inconsistencies in the laws with different punishments for different communities, which they said would contravene Article 8(1) of the Federal Constitution on equality before the law.
“Our parties cannot support any Bill which is vague, uncertain, open-ended and which can lend itself to great inconsistency, injustice and inequality in its application to Malaysians of any community,” their statement read.
“Abdul Hadi’s attempt to remove the ‘3-6-5 Safeguards’ is against Article 8 of the Federal Constitution and is thus unconstitutional.”
Minister in the Prime Minister’s Department in charge of parliamentary affairs Datuk Seri Azalina Othman Said yesterday tabled a motion to expedite the tabling of Abdul Hadi’s Bill, which was the 15th and final item in the Parliament’s order papers for the day, catching lawmakers from both sides of the aisle by surprise.
Speaker Tan Sri Pandikar Amin Mulia approved the motion, and described his decision as a precedent that allowed the tabling of an opposition lawmaker’s Bill that would otherwise “never see the light of day”.
But the decision triggered a bizarre and surprising response from Abdul Hadi.
When asked by a smiling Pandikar if he wished to have his Bill debated yesterday or in the next sitting in October, Abdul Hadi requested his motion — which twice failed to make it to Dewan Rakyat — be deferred.