Selangor’s legal adviser does not have the locus standi (legal standing) to apply to take the matter on what to do with copies of the Bible seized by Selangor Islamic Religious Department (Jais) to court, says the Bar Council.
Council chairperson Christopher Leong said Section 407 of the Criminal Procedure Code only applies if there is a pending trial, while Section 407A applies if there is an existing criminal matter in court.
"There is therefore no basis or foundation for any application under Section 407 or Section 407A,” Leong said in a statement today.
Hence, the Malaysian Bar urged the Selangor Islamic Council (Mais) and Jais to adhere to the decision made by the attorney-general as well as the federal constitution, and immediately release the over 300 copiesof the Malay and Iban language Bible to the Bible Society of Malaysia (BSM).
Yesterday, Sultan Sharafuddin Idris Shah of Selangor ordered Jais to refer the matter to the state public prosecutor and to the court to determine if the holy books should be returned or destroyed.
Section 407 concerns an order for disposal of property regarding an offence committed, while 407A is regarding the disposal of seized articles
Leong added that it was concerned over Mais and Jais not abiding by the AG’s findings and compliance of subsequent request by the highest legal officer in the country to act in accordance with the law.
“The AG had stated after investigations he has determined the Bibles are not publications in breach of Section 9 (1) (a) of the Non-Islamic Religions (Control of Propagation Among Muslims) Enactment, and noted that the Home Affairs Ministry also explained that the holy books do not involve issues of national security.
“In such instance, Mais and Jais should abide by the determination and decision of the attorney-general,” he said.
He expressed concern that a religious body or enforcement agency of one religion is purported to have jurisdiction or purview over other religions, non-Muslims and property belonging to non-Muslims.
Leong express regret over Mais’ insistence that there are grounds to prosecute BSM and the AG had erred, as this perception is totally misconceived and made without any legal basis.
“Mais and Jais have no grounds to refuse to release and return the more than 300 copies of the Bible to BSM.”
Council chairperson Christopher Leong said Section 407 of the Criminal Procedure Code only applies if there is a pending trial, while Section 407A applies if there is an existing criminal matter in court.
"There is therefore no basis or foundation for any application under Section 407 or Section 407A,” Leong said in a statement today.
Hence, the Malaysian Bar urged the Selangor Islamic Council (Mais) and Jais to adhere to the decision made by the attorney-general as well as the federal constitution, and immediately release the over 300 copiesof the Malay and Iban language Bible to the Bible Society of Malaysia (BSM).
Yesterday, Sultan Sharafuddin Idris Shah of Selangor ordered Jais to refer the matter to the state public prosecutor and to the court to determine if the holy books should be returned or destroyed.
Section 407 concerns an order for disposal of property regarding an offence committed, while 407A is regarding the disposal of seized articles
Leong added that it was concerned over Mais and Jais not abiding by the AG’s findings and compliance of subsequent request by the highest legal officer in the country to act in accordance with the law.
“The AG had stated after investigations he has determined the Bibles are not publications in breach of Section 9 (1) (a) of the Non-Islamic Religions (Control of Propagation Among Muslims) Enactment, and noted that the Home Affairs Ministry also explained that the holy books do not involve issues of national security.
“In such instance, Mais and Jais should abide by the determination and decision of the attorney-general,” he said.
He expressed concern that a religious body or enforcement agency of one religion is purported to have jurisdiction or purview over other religions, non-Muslims and property belonging to non-Muslims.
Leong express regret over Mais’ insistence that there are grounds to prosecute BSM and the AG had erred, as this perception is totally misconceived and made without any legal basis.
“Mais and Jais have no grounds to refuse to release and return the more than 300 copies of the Bible to BSM.”
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.