PUTRAJAYA – The Home Ministry is continuously monitoring public reactions related to the Federal Court’s decision to rule 16 offences under Kelantan’s shariah criminal code as null and void.
Its minister Datuk Seri Saifuddin Nasution Ismail has said this includes matters that may contribute to public disorder.
“If the Home Ministry and police detect excessive reactions and receive complaints, police, through the Special 3R Force dealing with issues related to insults against royalty, religion and race, will promptly investigate and complete the investigation papers within seven days before submitting them to the Attorney-General’s Chambers.
“Continuous monitoring will be carried out (on elements contributing to public unrest), not exclusively for this case alone,” he told reporters after attending the ministry’s monthly assembly here today.
On Friday, the Federal Court, in a majority decision of 8-1, ruled that the 16 offences under the Kelantan Shariah Criminal Code Enactment (1) 2019 were null and void on the grounds that the Kelantan legislative assembly did not have the authority to legislate the provisions as there are federal laws covering the same offences.
Saifuddin stressed that the Federal Court’s decision does not in any way challenge Islam or undermine the role of the shariah courts.
Separately, he said an engagement session to discuss Section 4 of the Prevention of Crime Act (POCA) 1959 was held today with Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said, Digital Minister Gobind Singh Deo and activists.
In April 2022, the Federal Court ruled that the entire Section 4 of POCA 1959 was unconstitutional and advised that all arrests made by police under the act be suspended until a later date.
“For now, we are still monitoring all aspects, our inability to implement or enforce the section due to the court’s decision, and whether it disadvantages the police force and so on.
“All this data will be presented and from there, we can draw conclusions and take steps forward,” Saifuddin said. – February 14, 2024