Federal Court to deliver cross-dressing judgement on Oct 8

PUTRAJAYA: The Federal Court has fixed Oct 8 to deliver its judgement on whether the landmark ruling which declared criminalising cross dressing as unconstitutional will be maintained.

Its corporate communication and international relations division head Mohd Aizuddin Zolkeply confirmed that the court had set the date to decide on two preliminary issues.

The Negri Sembilan state government, who are appealing against the Court of Appeal decision, content that the suit was premature as no decision had been made in the original criminal case they were challenging.

The suit by three transgenders had been filed to the Seremban Civil High Court in response to them being charged by the Syariah Court, though the case had since been stayed.

The state government's lawyer, Tan Sri Muhammad Shafee Abdullah also argued that the transgenders had used the wrong mode to mount the legal challenge.

The five person panel who heard the appeal consists of Court of Appeal president Justice Md Raus Sharif and Justices Hasan Lah, Ahmad Maarop, Azahar Mohamed, and Zaharah Ibrahim.

On Jan 27, the Federal Court granted the Negri Sembilan government leave to appeal,  allowing one question of law: on whether Section 66 contravened Articles 5(1), 8(1), 8(2), 9(2), 10(1)(a) of the Federal Constitution.

On Nov 7, last year, the Court of Appeal panel lead by Justice Mohd Hishamudin Mohd Yunus made the landmark ruling that criminalising cross dressing for Muslims was an unreasonable restriction of individuals' freedom of expression.

This reversed the Seremban High Court's decision on Oct 11, 2012 to dismiss a judicial review by three transgenders - Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30 - against the Syariah Enactment.

The trio sought to obtain a declaration that Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 was invalid as it was not inline with fundamental freedoms enshrined.

Currently, Section 66 allows the Syariah Court to punish any man who dresses or poses as a woman with up to six months in prison or be fined a maximum RM1,000.