The Negri Sembilan state government and five others can now proceed with their bid to overturn a verdict that struck down the state’s anti-crossdressing law for Muslim men.
A five-man Federal Court panel headed by Court of Appeal president Tan Sri Md Raus Sharif allowed the state government, its Islamic Affairs Department, its director, its Syariah chief enforcement chief and its Syarie prosecutor to proceed with the appeal.
The panel also allowed the state’s Islamic religious council to intervene as a sixth appellant in the matter.
The six parties are appealing against a Court of Appeal decision declaring Section 66 of the Syariah Criminal (Negri Sembilan) Enactment 1992 as unconstitutional.
In Nov last year, a three-man Court of Appeal bench delivered a landmark judgment favouring three transgender persons who challenged Section 66.
The bench ruled that the provision was unconstitutional as it discriminated against Muslim men suffering from a medical condition called gender identity disorder (GID).
It ruled that the section contravened the fundamental right to liberty, equality before the law, and freedom of movement and expression as contained in the Federal Constitution.
Bridal assistants Muhamad Juzaili Mohd Khamis, 26, Shukor Jani, 28, and Wan Fairol Wan Ismail, 30, had appealed against a Seremban High Court’s dismissal of their judicial review against the state enactment.-NST