An application from the Attorney-General’s Chambers (A-GC) for a stay of decision in favour of the Borders bookstore chain over the controversial book by Canadian author Irshad Manji has been dismissed today.
The Kuala Lumpur High Court ruled that there were no special circumstances for it to grant a stay of the order pending the appeal by the Federal Territory Islamic Affairs Department (Jawi), the home minister and the minister in the Prime Minister’s Department’s at the Court of Appeal.
“There is no public interests served if the court granted a stay,” ruled Justice Zaleha Yusof today.
The A-GC appeared for the three applicants wanting a stay of Justice Zaleha’s decision in favour of Borders, as they cited there were special circumstances in their application that, should their stay not be allowed, it would render their appeal nugatory.
Borders, represented by lawyer Rosli Dahlan, submitted that any declaratory orders by the court cannot be stayed under the law.Rosli also told the court that the respondent’s order in seeking a stay would result in Nik Raina having to suffer a suspended prosecution as an accused person.
“Despite having committed no wrong in the law, she is facing a suspended prosecution if (a) stay is allowed.”

Nik Raina’s “offence” more serious?
“In yesterday’s Altantuya Shaariibuu appeal, the A-GC never asked a stay; neither did it appeal against Abdul Razak Baginda’s acquittal. Is Nik Raina’s crime more serious than Abdul Razak’s alleged murder complicity? Where is justice and why the selective prosecution by the attorney-general,” Rosli asked.
On March 22, Justice Zaleha granted a judicial review application by Borders bookstore who was seeking to quash the prosecution against its manager at its MidValley Megamall outlet, Nik Raina Nik Abdul Aziz, for selling the book, ‘Allah, Liberty and Love’.
Nik Raina was charged with selling the book at the KL Syariah High Court on March 23 last year, before the book had been banned by the authorities six days later on March 29.
Following today’s decision, Rosli – along with lawyer Ang Hean Leng – will write on behalf of Borders to Jawi’s prosecuting officer again to withdraw the charge.
“If Jawi does not withdraw the charge, I have no choice but to make an application to initiate contempt proceedings,” he said.
Previously, Borders had written to Jawi and also to the Syariah Court, following the decision by the civil courts.
In the decision to grant all the declaratory relief, Justice Zaleha said Jawi’s action of raiding, seizing copies of the book and charging Nik Raina, predated its banning and this constituted retrospective enforcement.
The judge ruled Jawi’s action to be in violation of Article 7 of the Federal Constitution, that no citizen can be punished under a law before it is enacted.
“The book was banned on March 29 and the order to ban was gazetted on June 14. The raid and prosecution of Nik Raina was on March 23,” Justice Zaleha said.
She also noted that Section 13(1) of the Federal Territory Syariah Offences Act is considered a state law, and conflicted with a federal law (the Printing Presses and Publications Act 1984). Thus in such an instance, the federal law would take precedence.
Berjaya Books Sdn Bhd, which operates the Borders bookstore chain along with its operations manager Stephen Fung and Nik Raina, filed the judicial as a result of the charge against the store manager. - DinMerican