Court rejects intervention by five Islamic councils
Hafiz YatimPublished: Jan 27, 2015 2:00 AM | Updated: Jan 27, 2015 6:01 AM
Six state Islamic councils have applied to intervene in the appeal by the Negri Sembilan state government over the transgender case at the Federal Court, the country’s highest court.
The Federal Court has today rejected the application by five of the six state Islamic councils to intervene in the appeal by the Negri Sembilan state government over the controversial transgender case which is being heard by the country’s highest court.
The five Islamic councils are from Selangor, Perak, Federal Territory of Kuala Lumpur, Johor and Penang. However, the court allowed Negri Sembilan’s application as intervener as it has direct interest in the case.
Besides this, several organisations have also applied to hold watching brief and they included Umno and Bar Council.
Other which have applied to hold watching brief are Malaysian Centre for Constitutionalism and Human Rights, International Commission of Jurists, Pertubuhan Wanita Kesihatan Kuala Lumpur, Persatuan Kesihatan Mental Malaysia and World Professional Association of Transgender Health.
Interveners are automatically allowed to make submissions in court, while those holding watching brief are required to seek the court's permission before they can do so.
Lawyer for the transgenders, Aston Paiva, has earlier objected the interveners’ applications as they are not parties to the case and are not affected by it.
However, the counsel for the Islamic councils argued they are equally affected by the case due to the far reaching implications of the court verdict on the rights of transgenders in their respective states.
Court of Appeal president Justice Md Raus Sharif, who is leading the five-member bench, said that apart from Negri Sembilan Islamic Council, those from the other states can sit through the court proceedings, but they will have to apply to court if they want to make submissions.
The Negri Sembilan Islamic Council is represented by senior lawyer Sulaiman Abdullah.
This court intervention is similar to case involving the ‘Allah’ controversy where initially the Home Ministry and federal government were the respondents. But six other state Islamic councils later applied to intervene at the High Court level.
Court: Islam subject to fundamental liberties
The five Islamic councils are from Selangor, Perak, Federal Territory of Kuala Lumpur, Johor and Penang. However, the court allowed Negri Sembilan’s application as intervener as it has direct interest in the case.
Besides this, several organisations have also applied to hold watching brief and they included Umno and Bar Council.
Other which have applied to hold watching brief are Malaysian Centre for Constitutionalism and Human Rights, International Commission of Jurists, Pertubuhan Wanita Kesihatan Kuala Lumpur, Persatuan Kesihatan Mental Malaysia and World Professional Association of Transgender Health.
Interveners are automatically allowed to make submissions in court, while those holding watching brief are required to seek the court's permission before they can do so.
Lawyer for the transgenders, Aston Paiva, has earlier objected the interveners’ applications as they are not parties to the case and are not affected by it.
However, the counsel for the Islamic councils argued they are equally affected by the case due to the far reaching implications of the court verdict on the rights of transgenders in their respective states.Court of Appeal president Justice Md Raus Sharif, who is leading the five-member bench, said that apart from Negri Sembilan Islamic Council, those from the other states can sit through the court proceedings, but they will have to apply to court if they want to make submissions.
The Negri Sembilan Islamic Council is represented by senior lawyer Sulaiman Abdullah.
This court intervention is similar to case involving the ‘Allah’ controversy where initially the Home Ministry and federal government were the respondents. But six other state Islamic councils later applied to intervene at the High Court level.
Court: Islam subject to fundamental liberties
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