‘Khalid’s position as MP not affected by conviction’
Retired Federal Court judge says MP only committed a religious offence and it was not a court of law recognised under the Federal Constitution.
Gopal Sri Ram said Khalid’s “criminal wrong” was not a penal offence as passed by Parliament and executed through a court of law recognised under the Federal Constitution.
He said the power to create offences and prescribe punishments was vested with Parliament under the Ninth Schedule, List 1 of the Constitution.
“The present court (the Selangor shariah lower court ) is also not a court of law established under Article 121 of the Constitution,” he told FMT.
The three-tier courts referred to in the Constitution are the High Courts of (Malaya and Sabah and Sarawak), the Court of Appeal and the Federal Court.
“In my view, Khalid’s conviction has no impact on his position as MP,” he added.
Under List 11 of the Constitution, state assemblies may pass laws and prescribe punishments against Muslims who go against “the precepts of Islam”.
Sri Ram said this in response to Khalid’s conviction by the Klang shariah subordinate court today.
Khalid was fined RM2,900 or three months’ jail. He paid the fine but said he would appeal against the conviction and sentence.
Khalid gave a talk at a surau in Taman Seri Sementa, Klang, without valid credentials six years ago. He was found to have contravened Section 119 (1) of the Selangor Islamic Law Administration Enactment.
Khalid insisted he was invited to the surau to speak about his trip to Palestine and not to give a religious lecture. The then Selangor PAS deputy commissioner said he had returned from Gaza and was invited to talk about his experience.
Article 48 of the Constitution states that a MP will be disqualified if he is convicted of an offence by “a court of law” in the federation and sentenced to jail for a term of not less than one year or to a fine not less than RM2,000.
Sri Ram said a conviction by a court of law, as stated in Article 48, must be in reference to courts established under Article 121.
“Therefore, Article 48 has to be read harmoniously with Article 121.”
Khalid Samad fined RM2,900 for teaching Islam without credentials
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