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Bar Council: Federal Constitution must remain supreme
PETALING JAYA: The Bar Council supports the minority judgment of Chief Judge of Sabah and Sarawak Richard Malanjum that no court or authority should be easily allowed to have implied powers to curtail rights that are constitutionally granted.
Its president S. Ambiga said the Federal Constitution “is and must remain in law, supreme.”
“In an event of any inconsistency or conflict between the provisions of State Enactments and of the Federal Constitution, the latter must prevail,” she said in a statement yesterday.
On Wednesday, the Federal Court rejected Lina Joy’s appeal to compel the National Registration Department (NRD) to remove the word “Islam” from her identity card.
Chief Justice Ahmad Fairuz Sheikh Abdul Halim and Federal Court Justice Alauddin Mohd Sheriff voted against her appeal and said conversion issues should be dealt with by the Syariah Court.
In his dissenting judgement, Justice Malanjum described the NRD’s insistence that Lina Joy obtain a certificate of apostasy from the Federal Territory Syariah Court or any Islamic authority as illegal and unreasonable.
Ambiga said: “We are mindful that issues relating to religion will inevitably draw emotive responses in a multireligious society.
“Malaysians must be prepared to confront these issues maturely and dispassionately within the framework of our Federal Constitution as the supreme law of the land.”
Council of Churches of Malaysia general-secretary Rev Dr Herman Shastri said it viewed the Federal Court’s decision with regret and concern.
“We believe that the constitutional provision in Article 11 of the Federal Constitution which guarantees freedom of religion in our country has been severely violated,” he said.
He said the majority judgement had denied the individual the right to freedom of conscience and choice of religion.
“It is, therefore, vital that the necessary legislation be enacted to ensure that no citizen would be penalised when he or she exercises the individual right to choose a faith and to practice it in freedom,” he said.
