Six state Islamic religious councils and an association have been allowed to be made parties in a dispute over the use of the word "Allah" in the Catholic weekly publication the Herald.
This means that lawyers representing the Terengganu, Selangor, Kedah, Malacca, Federal Territory Persekutuan and Johor councils and the Malaysian Chinese Muslim Association can take part and make submissions at the hearing of the government's appeal.
The government and Home Ministry are appealing a High Court's decision in 2009 to allow the Roman Catholic Church's judicial review to lift the ministry's ban on the use of the word "Allah" in its weekly paper, to refer to the Christian God.
The decision to allow the seven organisations to be made opposing parties in the church's judicial review came about following a consent agreement reached by the church, the councils, the association and the government.
A three-member Court of Appeal panel led by Justice Abu Samah Nordin recorded the consent agreement today.
Justices Balia Yusof Wahi and Rohana Yusuf were the other two judges on the panel.
This means that lawyers representing the Terengganu, Selangor, Kedah, Malacca, Federal Territory Persekutuan and Johor councils and the Malaysian Chinese Muslim Association can take part and make submissions at the hearing of the government's appeal.
The government and Home Ministry are appealing a High Court's decision in 2009 to allow the Roman Catholic Church's judicial review to lift the ministry's ban on the use of the word "Allah" in its weekly paper, to refer to the Christian God.
The decision to allow the seven organisations to be made opposing parties in the church's judicial review came about following a consent agreement reached by the church, the councils, the association and the government.
A three-member Court of Appeal panel led by Justice Abu Samah Nordin recorded the consent agreement today.
Justices Balia Yusof Wahi and Rohana Yusuf were the other two judges on the panel.
Parties in case agree on terms in consent order
Lawyer Mubashir Mansor representing the Terengganu Islamic Religious Council earlier informed the court that parties in the case had reached an agreement on five terms as set out in the consent order with respect to the councils' appeal seeking to intervene in the matter.
Among the terms was to allow the councils and association to be made parties.
The other term was to set aside the High Court decision on Dec 31, 2009, which dismissed their application to be made parties in the judicial review.
Another term was that the councils and the association be deemed to have been a party to the judicial review proceedings in the High Court.
Lawyer Porres Royan, representing the church, confirmed that they had reached a consent agreement.
On May 8, this year, the same Court of Appeal panel questioned the propriety of the procedure adopted by the High Court to simultaneously hear the church's judicial review and the councils' intervener applications and ordered the parties in the case to submit on that issue.
The panel had said if there was an irregularity in the High Court's procedure, the case could be remitted back to the High Court for a retrial.
Among the terms was to allow the councils and association to be made parties.
The other term was to set aside the High Court decision on Dec 31, 2009, which dismissed their application to be made parties in the judicial review.
Another term was that the councils and the association be deemed to have been a party to the judicial review proceedings in the High Court.
Lawyer Porres Royan, representing the church, confirmed that they had reached a consent agreement.
On May 8, this year, the same Court of Appeal panel questioned the propriety of the procedure adopted by the High Court to simultaneously hear the church's judicial review and the councils' intervener applications and ordered the parties in the case to submit on that issue.
The panel had said if there was an irregularity in the High Court's procedure, the case could be remitted back to the High Court for a retrial.
Parties also agree there was no irregularity
Today, upon reaching the consent agreement, Mubashir also told the panel that all parties agreed that there was no irregularity in the procedure.
In her ruling on Dec 31, 2009, High Court judge Lau Bee Lan, declared the decision by the home minister prohibiting The Heraldfrom using the word 'Allah' in its Bahasa Malaysia publication which was specially to cater to the people in Sabah and Sarawak, was illegal, null and void.
The suit was filed by the Catholic Church led by Archbishop Murphy Pakiam on Feb 16, 2010, naming the Home Ministry and the government as respondents in the judicial review application.
They sought, among others, a declaration that the decision by the ministry on Jan 7, 2009, prohibiting the use of the word, 'Allah', inThe Herald - the Catholic weekly publication - was illegal and that the word, 'Allah', was not exclusive to the religion of Islam.
The weekly, published in four languages, has been using the word 'Allah' as a translation for God in its Malay-language section, but the government argued that 'Allah' should be used exclusively by Muslims.
The government's appeal is scheduled for case management on May 30. The government today was represented by senior federal counsel Arik Sanusi Yeop Johari.
- Bernama
In her ruling on Dec 31, 2009, High Court judge Lau Bee Lan, declared the decision by the home minister prohibiting The Heraldfrom using the word 'Allah' in its Bahasa Malaysia publication which was specially to cater to the people in Sabah and Sarawak, was illegal, null and void.
The suit was filed by the Catholic Church led by Archbishop Murphy Pakiam on Feb 16, 2010, naming the Home Ministry and the government as respondents in the judicial review application.
They sought, among others, a declaration that the decision by the ministry on Jan 7, 2009, prohibiting the use of the word, 'Allah', inThe Herald - the Catholic weekly publication - was illegal and that the word, 'Allah', was not exclusive to the religion of Islam.
The weekly, published in four languages, has been using the word 'Allah' as a translation for God in its Malay-language section, but the government argued that 'Allah' should be used exclusively by Muslims.
The government's appeal is scheduled for case management on May 30. The government today was represented by senior federal counsel Arik Sanusi Yeop Johari.
- Bernama
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.