Mohd. Azmi SCJ:

When I granted the applicants leave under Article 4(4) of the Federal Constitution, I indicated that I would give my reasons for allowing the notice of motion. I now proceed to do so.

The issue in this case is whether the penal offences introduced by the new s. 298A of the Penal Code by the Penal Code and Criminal Procedure Code (Amendment) Act 1983 (Act A549) is ultra vires Article 74(1) as being in excess of the legislative power of Parliament. Inter alia, the new section makes it a penal offence for any person to cause disharmony, disunity or feelings of enmity, hatred or ill-will, on grounds of religion, between persons or groups of persons professing the same or different religions. The offence is punishable with imprisonment for a term which may extend to three years, and if committed in the proximity of any place of worship or in any assembly engaged in the performance of religious worship or religious ceremony the imprisonment term may extend to five years. It is common ground that the word "religion" in the new section is intended by Parliament to cover all religions including Islam. Mr. Sri Ram, Counsel for the applicants submits that by virtue of