SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 MarsdenLR 4338 ; 2024 MarsdenLR 4751

FEDERAL COURT PUTRAJAYA
NIK ELIN ZURINA NIK ABDUL RASHID & ANOR – Appellant
Versus
KERAJAAN NEGERI KELANTAN – Respondent


Petitioner Advocates:Malik Imtiaz Sarwar,Surendra Ananth,Lim Yvonne ,Respondent Advocate: Idham Abd Ghani,Adam Mohamed,Tuan Mohd Syazwan Muhsin Negara,Kamaruzaman Muhammad Arif,Dato' Nik Suhaimi Nik Sulaiman,Arham Rahimy Hariri,Muhammad Izzat Dzulkafli

JUDGMENT

Tengku Maimun Tuan Mat CJ (majority):

Introduction

[1] My learned brother Abdul Rahman Sebli, CJSS is dismissing the petition on the sole ground that the petitioners had no locus standi to file the petition. The other members of the Coram have seen my judgment in draft and have expressed their agreement with it. This is the majority judgment of the Court.

[2] In this judgment, unless otherwise expressly or impliedly stated, any references to 'Articles', 'Clauses', 'Schedules', 'Lists' shall be taken to mean any references to those of the Federal Constitution (' FC '). Likewise, any references to 'sections' means any reference to the sections of the Kelantan Syariah Criminal Code (I) Enactment 2019 [Enactment 14] which incidentally by virtue of s 1(3) of the same, applies to Muslims only and that too, only in the State of Kelantan.

The Federal Court's Exclusive Original Jurisdiction

[3] This is a petition filed in the exclusive original jurisdiction of the Federal Court. The original jurisdiction of the Federal Court is very narrow and limited and the type of cases that can be filed directly in the Federal Court's original jurisdiction are therefore very specific (see arts 4(3)

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top