Islamic bully boys lose in court to Borders book shop

Photo: New Straits Times

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High Court says Jawi wrong in seizing Irshad Manji’s book
March 22, 2013
Bernama
KUALA LUMPUR: Berjaya Books Sdn Bhd, which owns the Borders bookstores, and two others today succeeded in their attempt to quash the decision by the Federal Territory Islamic Department (Jawi) over the seizure of Irshad Manji’s controversial book.

High Court Judge Zaleha Yusof allowed a judicial review application sought by Borders’ operations and merchandising general manager Stephen Fung Wye Keong and store manager for the Borders bookstore at The Gardens in Mid Valley City, Nik Raina Nik Abdul Aziz.

The judge granted their application for a certiorari order to quash the decision by Jawi officers in raiding, searching and seizing Irshad Manji’s book titled “Allah, Kebebasan dan Cinta” and “Allah, Liberty and Love” on May 23, last year, at the Borders Bookstore in The Gardens Mall in Mid Valley City.

Justice Zaleha also allowed their application for a certiorari order to set aside a decision to prosecute Nik Raina at the Syariah High Court for distributing the book.

The court also allowed the applicants’ declaration that Jawi’s action on May 23, was null and void as it was done before the Home Ministry issued any prohibition order on the book under the Printing Presses and Publication Act 1984.

Three weeks later, Jawi raids book shops to seize copies of the book after KDN issues a ban. Photo: New Straits Times

Zaleha also said at the time of Jawi’s action, the book was not subjected to the prohibitory order and it was only issued three weeks later.

On June 25, last year, the applicants obtained leave from the High Court to challenge the seizure of the book by Jawi.

Rosli Dahlan representing the three applicants, and senior federal counsel Effandi Nazila Abdullah acted for the respondents – Jawi, Home Minister and Minister in the Prime Minister’s Department in charge of Islamic religious affairs.

Outside the courtroom, Rosli told reporters that with today’s outcome, the syariah prosecution chief should drop the case against Nik Raina.

Nik Raina was charged on June 19, last year, with distributing and selling the book, said to contravene Islamic law, at the Borders Bookstore, The Gardens Mall, between 8.41pm and 9.45pm on May 23.
The syariah case is still pending following the judicial review application. — Bernama