The Borders Bookstore Saga

The Borders Bookstore Saga: Judge condemned Ministers in Scathing Judgment

by Din Merican

I have always said that I admire Tudung adorning Judge Yang Arif Dato’ Zaleha Yusof who has been fearless in her pronouncements against government officials who abuse their powers in judicial review proceedings before her. But who would imagine that this judge would have the courage to condemn the powerful Home Minister and the Religious Minister as being mala fide in the discharge of their duties.

Yang Arif Dato’ Zaleha Yusof

That was exactly what Judge Zaleha did when she handed down her Grounds of Judgment in the Borders Bookstore case against JAWI, the then Home Minister, Dato’ Seri Hishammuddin Tun Hussein Onn and Dato’ Seri Jamil Khir Baharom, the Minister in the Prime Minister Department (Islamic Affairs).

In her scathing judgment, she said that Minister Hishammuddin had abdicated his duties and did not act in a rational and thoughtful manner when he issued a ban as an afterthought just in order to support JAWI’s wrongful actions. She also censured both Ministers for acting without due care and caution and failing to coordinate law enforcement measures by JAWI in a rational manner to ensure harmony, peace and security between Muslim and non-Muslim communities.

However, I find it disturbing that despite this judgment, Nik Raina is still not released by the Syariah Court and the Chief Syariah Prosecution, Tuan Ibrahim Hj Deris, is using delaying tactics to ensure that he inflicts maximum pain and suffering on Nik Raina. So, instead of having a joyful Hari Raya Aidilfitri, Nik Raina has to wait until August  28, 2013 before Lawyer Rosli Dahlan can appear in the Syariah Court to seek her discharge and acquittal.

Civil and Shariah Lawyer Rosli Dahlan

What else is there to say when our Judges make such finding on our politicians. So that I am not accused of misquoting, I reproduce the Conclusion of this illuminating judgement. Thank God, some of our Judges are not influenced by status and political power.