For more than a year now, Borders book store manager Nik Raina Nik Aziz has defended herself against the criminal charge of selling ‘Allah, Liberty and Love’, a book by Irshad Manji that is deemed controversial to Islam in Malaysia.
But the legal wrangle is set to end, after the Attorney-General’s Chambers recommended that the charge be withdrawn by the Federal Territory Syarie chief prosecutor and Federal Territory Islamic Department (Jawi).
Borders chief operating officer Yau Su Peng (left) confirmed the news when contacted.
She has since instructed the company’s lawyers to seek an early date at the Syariah High Court, noting that it would be unfair to Nik Raina to delay a ruling.
“We thank the senior federal counsel for advising the Syarie chief prosecutor and the Jawi director to withdraw the charge. That is the most sensible thing to do in upholding the rule of law,” Yau said.
“I hope the blessings of the holy month of Ramadan can be felt as an early Hari Raya present to Nik Raina and her family.”
The Kuala Lumpur High Court had last month refused to grant a stay of its order against Jawi, the home minister and minister in the Prime Minister's Department, pending their appeal to the Court of Appeal.
This came after Justice Zaleha Yusof granted Borders and Nik Raina's judicial review on March 22, ruling that Jawi's action was bad in law and unconstitutional as Nik Raina was charged six days after the book ban was gazetted.
Borders and Nik Raina's lawyer had then warned that, should Jawi hesitate in complying with the court order, they would initiate contempt proceeding against the department and the two ministers.
Nik Raina was charged on June 19 last year with distributing the book, after Jawi officials raided the bookstore on May 23.
The ban on the book had only been gazetted by the Home Ministry on May 29.
Lawyers for Borders had argued that Jawi could not apply the charge retrospectively as this was against Nik Raina's rights.
Borders chief operating officer Yau Su Peng (left) confirmed the news when contacted.She has since instructed the company’s lawyers to seek an early date at the Syariah High Court, noting that it would be unfair to Nik Raina to delay a ruling.
“We thank the senior federal counsel for advising the Syarie chief prosecutor and the Jawi director to withdraw the charge. That is the most sensible thing to do in upholding the rule of law,” Yau said.
“I hope the blessings of the holy month of Ramadan can be felt as an early Hari Raya present to Nik Raina and her family.”
The Kuala Lumpur High Court had last month refused to grant a stay of its order against Jawi, the home minister and minister in the Prime Minister's Department, pending their appeal to the Court of Appeal.
This came after Justice Zaleha Yusof granted Borders and Nik Raina's judicial review on March 22, ruling that Jawi's action was bad in law and unconstitutional as Nik Raina was charged six days after the book ban was gazetted.
Borders and Nik Raina's lawyer had then warned that, should Jawi hesitate in complying with the court order, they would initiate contempt proceeding against the department and the two ministers.
Nik Raina was charged on June 19 last year with distributing the book, after Jawi officials raided the bookstore on May 23.
The ban on the book had only been gazetted by the Home Ministry on May 29.
Lawyers for Borders had argued that Jawi could not apply the charge retrospectively as this was against Nik Raina's rights.
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