This was conveyed by Selangor state assistant legal adviser Siti Fatimah Talib to Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim in a Federal Court proceeding today.

The state government is the only defendant in the constitutional challenge.

The man, whose identity has been kept a secret by the media at the request of lawyer A Surendra Ananth, filed a formal application last July for a court order to keep his identity secret.

The man said this was to protect himself from harassment and for his own safety.

Meanwhile, the Selangor and Federal Territories Islamic religious councils want to be made parties to the petition brought by the individual.

Lawyer Halimatunsa Diah Abu Hamad and Abdul Rahim Sinwan represented the Selangor and the Federal Territories councils respectively.

Siti Fatimah said the state was supportive of both councils to be made parties.

Abang Iskandar then gave directions to parties to file affidavits and written submissions by Oct 5 on the objection towards keeping the identity of the individual anonymous and for the councils to be made interveners.

All the applications will be heard on Oct 6.

Surendra said the judge would hear the intervener applications first and then the man’s application to keep his identity a secret.

On May 14, Abang Iskandar, sitting alone, allowed the individual’s leave application, filed under Article 4(4) of the Federal Constitution.

The man was charged in the shariah lower court last year for attempting to commit sexual intercourse against the order of nature in November 2018 with certain other men in Selangor.

Under Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995, it is an offence for any person to perform “sexual intercourse against the order of nature” with any man, woman or animal.

Those found guilty can be fined up to RM5,000 or jailed for a maximum three years or given a maximum six strokes of the cane, or a combination of these penalties.

The man claimed trial in the religious court but also went to the Federal Court to challenge the validity and constitutionality of the Section 28 provision.

He wants a declaration that the provision is invalid as the Selangor state legislative assembly has no powers to pass such a law.

The man said only Parliament had the power to enact a penal law, as provided under the First List in the Federal Constitution.