AGC objected to the application of SM Faisal’s ex-wife to challenge the committal proceedings in the Syariah Court
KUALA LUMPUR: The Attorney General’s Department (AGC) today objected to the application for permission for a judicial review by the ex-wife of famous businessman Datuk SM Faisal SM Nasimuddin Kamal regarding the jurisdiction of the Kuala Lumpur Syariah Court to initiate committal proceedings against her.
The committal proceedings against Emilia Hanafi, 43, are related to her actions in violation of the court order regarding SM Faisal’s visitation rights, including the right to spend the night and the location for her ex-husband to take his three children.
Federal Counsel Mohammad Sallehuddin Md Ali who represented the AGC said the objection was made on the grounds that the committal proceedings are under the jurisdiction of the Syariah Court and are not subject to judicial review, based on Article 121 (1A) of the Federal Constitution.
Lawyer Nizam Bashir Abdul Kariem Bashir, who represented Emilia, argued that Article 126 of the Federal Constitution states that the power to initiate committal proceedings is under the jurisdiction of the Federal Court, the Court of Appeal and the High Court.
Nizam Bashir said the Kuala Lumpur Syariah Court cannot hear the committal proceedings imposed against his client because the woman is no longer resident in the Federal Territory and now lives in Kajang, Selangor.
Meanwhile, lawyer Datuk Akberdin Abdul Kader who represented SM Faisal and his mother, Puan Sri Zaleha Ismail who was also named as a respondent said when the committal proceedings started, SM Faisal and Emilia lived in Kuala Lumpur and the woman moved to Selangor only after the case started.
Judge Datuk Ahmad Kamal Md Shahid fixed August 30 for the decision on the application.
He also rejected Emilia’s application to suspend the ongoing committal proceedings in the Syariah High Court.
Besides SM Faisal and Zaleha, also named as respondents are the Registrar of the Kuala Lumpur Syariah High Court, the Chief Registrar of the Federal Territories Syariah Court of Appeal, the Kuala Lumpur Syariah High Court, the Kuala Lumpur Syariah Court of Appeal and the Government of Malaysia.
Based on the judicial review application, Emilia does not live or reside in the Federal Territory and during the hadhanah proceedings filed at the Kuala Lumpur Syariah High Court on 23 July 2018, she lives or resides in Kajang.
He said Section 4 of the Family Law (Federal Territories) Act 1984 is applicable to all Muslims who live in the Federal Territories and those who are resident in the Federal Territories but live outside the Federal Territories.
Emilia seeks a declaration that the High Court and the Kuala Lumpur Syariah Court of Appeal do not have the jurisdiction to hear and punish any individual who is in contempt of court, rather that jurisdiction is the exclusive right of the civil courts at the Federal, Appeal and High Court levels, according to Article 126 of the Federal Constitution .
source – BERNAMA
