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The Federal Constitution is the supreme law of the country and any law, even if passed by Parliament, which contravenes the provisions of the Federal Constitution, is void
 


Press Statement
by
Karpal Singh

(Kuala Lumpur, Tuesday): Prime Minster, Datuk Seri Mahathir Mohamd is right when stating the Federal Government will take legal action against any state whose implementation of hudud laws contravenes the laws of the country. 

The Federal Constitution is the supreme law of the country and any law, even if passed by Parliament, which contravenes the provisions of the Federal Constitution, is void. This is amply manifested by Article 4(1) of the Federal Constitution. 

The Syariah Criminal Law (Hudud and Qisas) Enactment 2003 gazetted by the Terengganu state government yesterday is clearly unconstitutional apart from being not within the competence of the Terengganu state assembly to enact on 8 July last year in the first place. 

The Federal Government is duty-bound to ensure all states keep within the parameters of their legislative competence. 

I am surprised Terengganu Menteri Besar, Abdul Hadi Awang, who has repeatedly, when being sworn in as an MP, takes the oath to preserve, protect and defend the Constitution, is violating that very Constitution by initiating an enactment which contravenes the Constitution. What is more astounding is that Tun Salleh Abas, former head of the judiciary in the country and now an Executive Councilor in Terengganu, has not advised his colleagues in the Exco, in particular Abdul Hadi Awang, of the unconstitutionality of the enactment even before it was introduced in the assembly, I am also somewhat at a loss to understand why the state legal adviser who is an ex-officio member in the assembly, remained silent when the enactment was approved by the assembly. 

PAS should not be allowed to ride rough-shod on provisions of the Federal Constitution. 

The Federal Government should invoke the provisions of Article 130 of the Constitution 

“The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of their 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” 

by advising the Yang di-Pertuan Agong to refer the issue as to the constitutionality or otherwise of the enactment to the full bench of the Federal Court for its opinion. 

PAS leaders, both in Kelantan and Terengganu, should not defy the Federal Constitution. Any ploy, through use of the state assemblies there, to garner for votes does not demonstrate political maturity. It is counterproductive and against the national interest.

(28/10/2003)


* Karpal Singh, DAP Deputy National Chairman