Nik Raina
Nik Raina –Victim of Arrogance of Power
After three postponements in less than a month, Borders store manager Nik Raina Nik Abdul Aziz’s day in the Syariah Court to hear the withdrawal of the charge against her for distributing Irshad Manji’s book Allah, Liberty and Love is in limbo.
Nik Raina’s case was initially fixed for August 28, based on information from the Federal Territory Islamic Department (JAWI) that Syariah High Court Judge Abdul Walid Abu Hassan, who was to be transferred to Penang, would only be free on that day.
At the eleventh hour, this was postponed to September 3, and when the date approached the Deputy Registrar at the Syariah High Court told Borders that the date had been mistakenly given and it should have been on September 13, which is today.
Two days ago, the Deputy Registrar informed Borders that this had been postponed again to an indefinite date as Justice Abdul Walid was said to have a meeting in Penang.
It seems that either JAWI or the Syariah Court is dragging its feet on the matter, as Borders claimed that any Judge could hear the withdrawal of the charge.
Nik Raina’s ordeal began when JAWI raided the Borders Gardens bookstore on March 22 last year and seized copies of Allah, Liberty and Love. However, the book was only banned by the government six days later.
On March 22 this year, Kuala Lumpur High Court judge Zaleha Yusof allowed the application by Nik Raina and Borders for a judicial review to declare the Syariah charge as wrong,since it predated the ban order, and that the prosecution of Nik Raina amounted to retrospective enforcement.
Justice Zaleha also did not grant the application by Jawi and the Home Minister for a stay of her March 22 decision.
Irshad ManjiThe Author and Her Book
Earlier this month, Justice Zaleha allowed an application by ZI Publications Sdn Bhd, the publisher of the Bahasa Malaysia version of Irshad Manji’s book, to lift the ban on the book as the English text had been sold for a year in the Malaysian market and had not caused any disruption to public order, the reason cited for the ban.
Against this backdrop, one would expect Nik Raina’s ordeal to be over. Unfortunately, this is not so, for the case by Jawi against her still remains with the matter being postponed to an indefinite date.
Borders’ lawyers wrote letter to court
As a result of this, lawyers for Nik Raina and Borders wrote to the Syariah High Court deputy registrar yesterday, seeking to bring this matter up with the Syariah Chief Judge to determine an early date.
The lawyers said justice must be dispensed quickly and be given priority. It also wanted that mistakes on the determination of dates should not recur, and Abdul Walid’s presence could be determined and there would not be any other postponements as Nik Raina had been waiting since March 22 for the charge to be withdrawn.
The lawyers also emphasised that if Abdul Walid cannot be present, then the matter could be brought before another judge as it involves a withdrawal of the charge as it is unconstitutional.
One of the lawyers representing Borders, Rosli Dahlan (right), said in the
Lawyer Rosli Dahlan
Lawyer Rosli Dahlan
past they had sent clear letters to the Syariah Court and Jawi stating that the matter can be heard before another judge.
“Jawi must show diligence and sincerity to resolve this. I hope there is no sinister motive in delaying this matter perpetually,” he said.
Rosli said as the civil High Court had said the ban on the book was wrong, it raises the issue of what wrong did Nik Raina and Borders do?
“Thus the charge against Nik Raina must be immediately withdrawn and Jawi should not be seen as dragging its feet,” he said.
Rosli further described the civil High Court judgment in the ZI Publications case as a defining moment in judicial activism by putting public functionaries in their place and preventing arbitrariness in decision-making.
“It is arbitrariness of power that breeds corruption. As Lord Acton had said, power corrupts, and absolute power corrupts absolutely. This is what we are seeking to prevent from being done in the name of religion,” Rosli added.