Mohd. Azmi SCJ:

We have allowed this application by majority (Tan Sri Datuk Hashim Yeop Sani SCJ and Tan Sri Dato' Seri Eusoffe Abdoolcader SCJ dissenting), and we now proceed to give our reasons why the declarations sought should be granted.

Pursuant to leave obtained under Article 4 Clause (4) of the Federal Constitution, the petitioners filed their suit for declaratory orders to the effect that the new s. 298A of the Penal Code is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament has no power to make law.

Each of the petitioners is being charged for an offence under the impugned section for doing an act which is likely to prejudice unity amongst persons professing the Islamic religion. They are alleged to have acted as unauthorised Bilal, Khatib and Imam at a Friday Prayer held on 13 May 1983 at Kampong Kenaga, Wakaf Tapai in the District of Kuala Terengganu, without being so appointed under the Terengganu Administration of Muslim Law Enactment 1955 - the State Law relating to the administration of all matters concerning the religion of Islam and the religious Courts. The appointment of Bilal, Khatib and Imam is gov