Muhammad Juzaili Bin Mohd Khamis, et al. v. State Government of Negeri Sembilan, et al.

The respondents in this case, three Muslim men with Gender Identity Disorder, filed a judicial review application at the Seremban High Court seeking a declaration that section 66 of the Syariah Criminal (Negeri Sembilan) Enactment of 1992 was unconstitutional. Section 66 “makes it an offense for any Muslim male person to do any of the following in a public place: to wear a woman’s attire, or to pose as a woman.” The High Court dismissed the application. However, the Court of Appeal overturned the High Court’s decision and declared that section 66 was unconstitutional on the grounds that it interfered with the respondents’ right to live with dignity and right to life, that it discriminated based on gender, and that it violated the respondents’ freedom of movement and freedom of expression. The State Government of Negeri Sembilan appealed the Court of Appeal’s decision to the Federal Court. The Federal Court overturned the Court of Appeal decision on the basis that the respondents should have challenged section 66 under Article 4 of the Federal Constitution, which requires leave from the Federal Court and Federal Government being entitled to join as a party, instead of by way of judicial review. Accordingly, until such proceedings are filed and the Federal Court makes a declaration on the issue, section 66 of the Syariah Criminal (Negeri Sembilan) Enactment of 1992 remains valid.