Did JAIS act outside its jurisdiction?

The Bar Council wants a probe into JAIS' jurisdiction as well as into the leaked video clip and draft report to blogs.

PETALING JAYA: The Bar Council has questioned whether the Selangor Islamic Religious Department (JAIS) had overstepped its boundary in raiding the Damansara Utama Methodist Church (DUMC).

JAIS had claimed that the Aug 3 raid was based on a complaint that proselytising activities were taking place during what was a thanksgiving dinner organised by NGO Harapan Komuniti for HIV/AIDS supporters.

Twelve Muslims who were present at the dinner were hauled up by JAIS for questioning and ordered to attend counselling sessions.

But the Bar Council pointed out that the showcause letters issued to the 12 individuals and to DUMC reportedly relied on provisions in non Syariah-based enactments to justify the raid.

In light of this Bar Council president, Lim Chee Wee, today called on the newly formed hearing committee to study the proper jurisdiction of JAIS in this matter.

“This raises serious questions whether JAIS over-reached itself and exceeded its authority,” he said in a press statement. “And also whether its act of incursion into DUMC lacked proper legal foundation.”

Lim also pushed for the hearing committee to conduct a probe into the leaking of a draft preliminary report of JAIS’ investigations and a six-minute video clip on the raid.

Both materials surfaced on pro-Umno blogs two weeks ago, fueling speculation that JAIS was responsible for the leak and subjecting the 12 to public harrassment and ridicule.

“It represents an unacceptable breach of security and confidentiality of an ongoing investigation,” said Lim.

“It has also exposed the 12 to unwarranted and unwelcome scrutiny in total breach of their right to privacy. This would be a critical element of the work of the committee.”

‘Unprofessional and unethical behaviour’

He said that the manner of disclosure suggests that the investigations have been critically compromised and the information used for partisan political purposes.

“This is wholly unprofessional and unethical behaviour, and cannot for a moment be tolerated by right-thinking people,” he added.

Lim also recommended that membership of the hearing committee be extended to include representatives of non Muslim religions in Selangor.

The committee currently comprises Selangor Menteri Besar Khalid Ibrahim, state mufti Mohd Tamyes Abdul Wahid and his deputy, Abdul Majib Omar.

“This would be ideal since it attempts to resolve a matter that involves the interplay between two religions and the issues that can arise from it.” he said. “Such problems require broad inclusivity and wide consultation.”

“Ultimately, this issue raises serious questions about administrative fairness, bureaucratic neutrality and proper procedures,” added Lim.