The Federal Territory Islamic Department (Jawi) trespassed and broke the door of his house in Kulim when arresting him in March this year, scholar Kassim Ahmad says in his judicial review application on the charges against him.
Kassim said this in seeking an order to quash the action of the Jawi enforcement officers who went to his house in Kedah, seized his publications and works and arrested him and brought him to the Federal Territory, where three charges under syariah law were filed against him.
These are among the arguments Kassim's lawyers filed in his judicial review application today.
The application was filed after Prime Minister Najib Abdul Razak and Kedah Menteri Besar Mukhriz Mahathir did not respond to a letter from Kassim, leading him to re-file his judicial review application to set aside the three charges he faces in the Syariah High Court in Putrajaya.
The charges are related to a controversial talk Kassim gave at a seminar organised by Yayasan Kepimpinan Perdana in Putrajaya last February.
His lawyers said that Kassim had, in a seven-page letter dated June 13 sent to Najib, Mukhriz and Minister in the Prime Minister's Department Jamil Khir Bahrom (left), sought their intervention in the case.
Since the deadline set in the plea for the intervention of Najib, Mukhriz and Jamil Khir, so as to avoid a clash of constitutional, civil and syariah court matters, had elapsed on June 23, Kassim's counsel filed the judicial review application today.
Accused of saying people 'idolise the Prophet'
The octogenarian was present with his wife, Syarifah Fawziah Syed Yusoff, when his lawyers filed the application with the High Court in Kuala Lumpur.
Kassim was on March 27 charged under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997 withderiding Islam during the Yayasan Kepimpinan Perdana seminar in Putrajaya in February.
He is accused of stating that people appear to idolise the Prophet Muhammad and that the aurat of a woman does not include her hair.
He is also charged under Section 9 of the same enactment, with violating the instructions of the religious authorities' instructions in delivering those views and for citing two books he authored, which have been banned by the Federal Territories Islamic authorities.
On May 6, the authorities levelled another charge against Kassim, but the charge was not read out in court when recording his plea. A decision on this matter has been fixed for July 17.
Four named as respondents
Kassim named Jamil Khir, the chief syariah prosecutor of the Federal Territories Islamic Department (Jawi), Jawi and the Malaysian government as respondents.
Besides the order stated above, he is also seeking an order to quash the warrant of arrest, the search warrant and personal bond forced on him, based on the Federal Territory Syariah Procedure Code.
He is also seeking an order to quash the prosecution against him under Section 7 (b) of the Federal Territories Syariah Offences Act, on grounds that there are no similar provisions in the enactment in his home state of Kedah.
Kassim, 81, is also seeking an order to quash any action or decision by the respondents in not giving the relevant documents and information pertaining to his arrest and prosecution following a letter sent by his lawyers seeking those documents.
He is also seeking an order of mandamus (order to compel) the authorities to give up the relevant documents relating to his arrest and prosecution, which include the complaint on him, the investigation of the complaint, the report from the enforcement officer, the search warrant and warrant of arrest, the police report following his arrest and his bail bond, the list of witnesses and others.
To date, the prosecution has only been willing to release Kassim's cautioned statement.
Kassim is also seeking an order to compel the prosecution to stop any activity to prosecute him, on grounds that their actions had violated his rights as enshrined in the constitution.
He is also seeking a declaration that Jawi's action is ultra vires the provisions in the Federal Constitution.
Furthermore, he is seeking a declaration that the Federal Territory fatwa only is applicable to those who live there and not in Kedah.
He further sought a declaration that the civil court has the jurisdiction, and is the right forum, to interpret the conflict of state laws (i.e. between Federal Territory and Kedah) and with the Federal Constitution.
Kassim is further seeking an order that Jawi cannot prosecute him until the disposal of his application and a stay of its follow-up action in prosecuting and arresting him.
The application today was filed by the firm of Lee Hishammuddin Allen and Gledhill, which was represented by lawyers Abdullah Khubayb Awaluddin and Joyce Lai Li Ven.
The hearing for leave (permission) to initiate the judicial review has been set for July 9 before KL High Court’s Justice Zaleha Yusof, who previously heard the Borders store manager case filed by the same firm.
Kassim said this in seeking an order to quash the action of the Jawi enforcement officers who went to his house in Kedah, seized his publications and works and arrested him and brought him to the Federal Territory, where three charges under syariah law were filed against him.
These are among the arguments Kassim's lawyers filed in his judicial review application today.
The application was filed after Prime Minister Najib Abdul Razak and Kedah Menteri Besar Mukhriz Mahathir did not respond to a letter from Kassim, leading him to re-file his judicial review application to set aside the three charges he faces in the Syariah High Court in Putrajaya.
The charges are related to a controversial talk Kassim gave at a seminar organised by Yayasan Kepimpinan Perdana in Putrajaya last February.
His lawyers said that Kassim had, in a seven-page letter dated June 13 sent to Najib, Mukhriz and Minister in the Prime Minister's Department Jamil Khir Bahrom (left), sought their intervention in the case.Since the deadline set in the plea for the intervention of Najib, Mukhriz and Jamil Khir, so as to avoid a clash of constitutional, civil and syariah court matters, had elapsed on June 23, Kassim's counsel filed the judicial review application today.
Accused of saying people 'idolise the Prophet'
The octogenarian was present with his wife, Syarifah Fawziah Syed Yusoff, when his lawyers filed the application with the High Court in Kuala Lumpur.
Kassim was on March 27 charged under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997 withderiding Islam during the Yayasan Kepimpinan Perdana seminar in Putrajaya in February.
He is accused of stating that people appear to idolise the Prophet Muhammad and that the aurat of a woman does not include her hair.He is also charged under Section 9 of the same enactment, with violating the instructions of the religious authorities' instructions in delivering those views and for citing two books he authored, which have been banned by the Federal Territories Islamic authorities.
On May 6, the authorities levelled another charge against Kassim, but the charge was not read out in court when recording his plea. A decision on this matter has been fixed for July 17.
Four named as respondents
Kassim named Jamil Khir, the chief syariah prosecutor of the Federal Territories Islamic Department (Jawi), Jawi and the Malaysian government as respondents.
Besides the order stated above, he is also seeking an order to quash the warrant of arrest, the search warrant and personal bond forced on him, based on the Federal Territory Syariah Procedure Code.
He is also seeking an order to quash the prosecution against him under Section 7 (b) of the Federal Territories Syariah Offences Act, on grounds that there are no similar provisions in the enactment in his home state of Kedah.
Kassim, 81, is also seeking an order to quash any action or decision by the respondents in not giving the relevant documents and information pertaining to his arrest and prosecution following a letter sent by his lawyers seeking those documents.
He is also seeking an order of mandamus (order to compel) the authorities to give up the relevant documents relating to his arrest and prosecution, which include the complaint on him, the investigation of the complaint, the report from the enforcement officer, the search warrant and warrant of arrest, the police report following his arrest and his bail bond, the list of witnesses and others.To date, the prosecution has only been willing to release Kassim's cautioned statement.
Kassim is also seeking an order to compel the prosecution to stop any activity to prosecute him, on grounds that their actions had violated his rights as enshrined in the constitution.
He is also seeking a declaration that Jawi's action is ultra vires the provisions in the Federal Constitution.
Furthermore, he is seeking a declaration that the Federal Territory fatwa only is applicable to those who live there and not in Kedah.
He further sought a declaration that the civil court has the jurisdiction, and is the right forum, to interpret the conflict of state laws (i.e. between Federal Territory and Kedah) and with the Federal Constitution.
Kassim is further seeking an order that Jawi cannot prosecute him until the disposal of his application and a stay of its follow-up action in prosecuting and arresting him.
The application today was filed by the firm of Lee Hishammuddin Allen and Gledhill, which was represented by lawyers Abdullah Khubayb Awaluddin and Joyce Lai Li Ven.
The hearing for leave (permission) to initiate the judicial review has been set for July 9 before KL High Court’s Justice Zaleha Yusof, who previously heard the Borders store manager case filed by the same firm.
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