A 35-YEAR-OLD man who was given a discharge not amounting to an acquittal on a charge of attempting to commit unnatural sex today withdrew his application for a judicial review to challenge the action by the Selangor chief syarie prosecutor.

Lawyer Tay Kit Hoo, representing the accused, said his client was withdrawing the application following a decision by the Selangor Syariah High Court last April 19 in giving him a discharge not amounting to an acquittal on the charge.

He said Selangor assistant legal adviser Husna Abdul Halim, representing the state chief syarie prosecutor and the state government, who were the first and second respondent respectively, did not object the application.

“The court revoked the judicial review application without an order on costs,” he said when contacted by reporters after the case management, which was conducted online, before High Court deputy registrar Firdaus Sidqi Sharil Azli today.

On January 16 last year, the man, who was charged with attempting to have unnatural sex with another man at a house in Selangor, had obtained permission from the Kuala Lumpur High Court to commence the judicial review proceedings.

He filed the application on November 20, 2019 seeking, among others, a declaration that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is in conflict with Articles 5(1), 8 and 10 of the Federal Constitution and, therefore, it is null and void.

He also applied for a certiorari order in accordance with Order 53 Rule 8 (2) of the Rules of Court 2012 for the court to revoke the decision of the Selangor chief syarie prosecutor in suing him in the Selangor Syariah High Court on August  21, 2019.

Last February 25, the Federal Court ruled in his favour on his application seeking a declaration that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 is in conflict with Articles 5(1), 8 and 10 of the Federal Constitution and is, therefore, null and void. – Bernama, April 21, 2021.