KUALA LUMPUR: The legal rule of subjudice cannot stand in the way of legislation in Parliament, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia told the house today.
In explaining the decision to go ahead despite an ongoing suit to block the tabling of Pas president Datuk Seri Abdul Hadi Awang's Private Member's Bill to enhance syariah sentencing, Pandikar Amin said the separation of powers is very clear.
"If the court allows an injunction to stop this, it means that the court is more powerful than the Parliament," he said today.
Pandikar was yesterday served with a writ of summons by Mohamed Tawfik Ismail, who is suing the Speaker and the secretary of the Dewan Rakyat over their decision to accept the Bill into the Order Paper.
Gobind Singh Deo (DAP-Puchong) had earlier raised the issue of subjudice, citing an ongoing legal action by Tawfik to block the tabling of Hadi's (Pas-Marang) motion.
Gobind's point was shot down by Datuk Takiyuddin Hassan (Pas-Kota Baru), who said that the High Court had dismissed the application for a court order, hence the said parliamentarian could not be stopped from tabling the motion in Parliament.
Hadi later proceeded to table the motion, while reassuring non-Muslims that they are not subjected to Act 355.
The proposed amendments to Section 2 of The Act is to increase the current "imprisonment of more than three years or fine of more than RM5,000, or more than six lashes" to "jail term of more than 30 years or fine more than RM100,000 or 100 lashes as administered in line with the syariah crimes".
The debate on Hadi's motion is currently ongoing.