Government lawyer Shamsul Bolhassan said Pandikar Amin Mulia and Roosme Hamzah, respectively, felt the suit must be annulled as it encroached into parliamentary privileges under Articles 62 and 63 of the Federal Constitution.
Article 62 (1) states that subject to the provisions of the constitution and of federal law, each House of Parliament (Dewan Rakyat and Dewan Negara) shall regulate its own procedure.
Article 63 states that the validity of any proceedings in either House of Parliament, or any committee, shall not be questioned in any court.
Shamsul said the application was filed two months ago and that Tawfik had filed a response last week.
“The court will hear the applicatiion on Jan 11,” he said after a case management today before Justice Kamaludin Md Said.
Tawfik, who was represented by Mansoor Saat, said the constitution empowered only the Conference of Rulers to deal with Islamic affairs.
But the conference was never consulted over the matter, Tawfik is reported to have stated in his affidavit.
He also quoted Johor ruler Sultan Ibrahim Sultan Iskandar who had said during the Tun Hussein Onn University convocation ceremony on Oct 14 that Islamic matters came under the jurisdiction of the states.
Tawfik, who is son of the late Dr Ismail Abdul Rahman, Malaysia’s deputy prime minister from 1970 to 1973, filed an originating summons in March, naming Pandikar and Roosme as defendants.
Tawfik, formerly the Sungai Benut MP, claims that Hadi’s motion does not conform with the requirements of the Standing Orders of the Dewan Rakyat.
He claims the motion violates Article 8 of the Federal Constitution, which guarantees equality for all Malaysians.