If Islam is a state matter in Malaysia, can an arrest warrant issued by one state be valid in another state? Or are state religious authorities similar to the federal police which is responsible for the entire nation?
Former political and social activist Dr Kassim Ahmad (pic) is going to court with these questions, saying he was "abducted" from his Kulim home in Kedah and brought to Putrajaya to face charges in a Shariah Court with a state warrant that was in violation of his constitutional rights.
His lawyers said such a warrant could not be used as state Islamic authorities had limited jurisdiction compared to a federal law enforcement agency like the police.
They said a warrant issued by the Federal Territory Religious Department was only enforceable in that jurisdiction.
In his judicial review action filed in the Kuala Lumpur High Court early this month, the 80-year-old Kassim said the warrant of arrest was null and void and that he was falsely imprisoned.
He said as a result, he was deprived of his freedom, underwent stress and mental torture, sustained physical injuries and suffered losses.
"I was also held without food and drinks and had no access to a lawyer," he said in court documents sighted by The Malaysian Insider.
Kassim is asking for damages and other relief deemed fit by the court.
He also wants the civil court to declare that the charges framed against him at the Putrajaya Shariah Court were defective and that the religious court had no jurisdiction to try the alleged offence.
Kassim named nine parties, including Putrajaya, Inspector-General of Police Tan Sri Khalid Abu Bakar, and the Federal Territory and Kedah Religious Affairs Departments as respondents.
The judicial review leave application will be heard on July 16.
On March 27, Kassim was charged with two offences under the Shariah Criminal Offences (Federal Territories) Act 1997.
The first offence is under the Shariah Criminal Act for allegedly uttering statements that might mislead Muslims while the second is for violating fatwa or disrespecting religious authorities.
The charges against Kassim were over controversial statements he made at "The Thoughts of Kassim Ahmad: A Review", a seminar on February 6 which was organised by the Perdana Leadership Foundation, which former Prime Minister Tun Dr Mahathir Mohamad is the patron.
In his affidavit in support of the application, Kassim said he was arrested at his home in Taman Kulim Perdana, Kulim Golf Club, near Kulim, Kedah, at about 1.30pm on March 26.
He said the police, Federal Territory enforcement officers and Kedah Religious Council officers in one dozen vehicles surrounded his home and manhandled him before his arrest.
He said no reason was given for his arrest but added that the entire exercise amounted to an abduction.
Kassim said he was then escorted to the Kulim police station where a report was made before he was taken in a van to Penang in the evening.
He was flown out from Penang to the Low Cost Carrier Terminal in Sepang before being produced in court the following day.
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