What procedural issue led to the Federal Court dismissing the appeal?

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Procedural Issue Led to Federal Court Dismissing Appeal

The Federal Court dismissed the application for leave to review a 2015 decision because the original legal challenge to the Negri Sembilan Shariah law was initiated through an incorrect procedural pathway. Specifically, the applicants had filed a judicial review in the Seremban High Court, whereas the correct procedure, according to the court, would have been to file the challenge directly with the Federal Court. This procedural misstep rendered the appeals incompetent, preventing the court from hearing the merits of the case.
Incorrect Venue for Legal Challenge

In 2015, the Federal Court set aside a Court of Appeal ruling that had declared Section 66 of the Negri Sembilan Shariah Criminal Enactment unconstitutional. This decision was based on the appeals brought by the Negri Sembilan state government and other respondents being deemed incompetent. The primary reason for this incompetence was that the three applicants, Muhamad Juzaili Mohd Khamis, Shukor Jani, and Wan Fairol Wan Ismail, had initiated their legal challenge by way of a judicial review in the Seremban High Court.
Federal Court Rules on Proper Procedure

The Federal Court, in its 2015 judgment, clarified that the appropriate course of action for challenging the legality of the state Shariah law should have been a direct filing with the Federal Court itself. By opting for a judicial review in the High Court, the applicants did not adhere to the established procedural requirements for such a challenge. This distinction in procedure was the critical factor that led to the appeals being dismissed without the substantive arguments being heard.
Dismissal of Review Application

More recently, a five-member panel of the Federal Court, chaired by Chief Justice Tan Sri Tengku Maimun Tuan Mat, dismissed an application for leave to review the 2015 decision. The court found that the current application did not meet the threshold required under Rule 137 of the Federal Court Rules 1995. This latest dismissal further affirmed the finality of the 2015 ruling, which was predicated on the initial procedural irregularities of the legal challenge.

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What procedural issue led to the Federal Court dismissing the appeal?

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