`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Wednesday, July 9, 2014

AG objects to Kassim Ahmad's judicial review bid


The Attorney-General's Chambers has today objected to scholar Kassim Ahmad's application to gain permission from the Kuala Lumpur High Court to initiate his judicial review application to remove the charges he is facing at the Putrajaya Syariah High Court.

Senior federal counsel Suzana Atan has submitted a preliminary objection that the High Court does not have jurisdiction to hear the application.

This follows the 81-year-old Kassim being charged at the syariah court under a state enactment - Syariah Offences (Federal Territories) Enactment 1997 - and hence, the civil court has no jurisdiction to hear the case.

Following this, Justice Zaleha Yusof will decide on Monday whether the court has jurisdiction.

If she decides that the court has jurisdiction then she will hear the application for leave (permission) to initiate the judicial review.  

The preliminary objection raised is similar to the one raised during the Borders store manager Nik Raina Nik Abdul Aziz's (left in photo) charge, where Justice Zaleha ruled the court has jurisdiction and later quashed the charges by the Syariah High Court.

Kassim had named Minister in the Prime Minister's Department Jamil Khir Baharom, the chief syariah prosecutor of the Federal Territories Islamic Department (Jawi), Jawi and the Malaysian government as respondents when he filed the judicial review on June 26.

It was previously reported that the octogenarian had complained that Jawi authorities had broken down the door of his house in Kulim when arresting him and bringing him to KL.

Kassim was on March 27 charged under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997 with deriding Islam during the Yayasan Kepimpinan Perdana seminar in Putrajaya in February.

The scholar is charged with stating that people appear to idolise 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 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 (left), but the charge was not read out in court when recording his plea. A decision on this matter has been fixed for July 17.

All the charges are related to him giving a talk in Putrajaya which was organised by the foundation headed by former prime minister Dr Mahathir Mohamad.

Kassim was represented by lawyer Rosli Dahlan

Prayers sought

Kassim is seeking several prayers or declarations following the actions taken by the religious authorities namely:-

- An order to quash Jawi enforcement officers' action who went to his house and seized his publications and works and arrested him to bring him to the Federal Territory.

- An order to quash the warrant of arrest, the search warrant and personal bond forced on him.

- An order to quash the charge against him under Section 7 (b) of the Federal Territories Syariah Offences Act on the ground that there are no similar provisions in the enactment in his home state of Kedah.

- 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.

- An order of mandamus (order to compel) the authorities to submit the relevant documents relating to his arrest and prosecution, which include the complaint against 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.

- 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.

- A declaration that Jawi's action is ultra vires to the provisions in the Federal Constitution.

- A declaration that the Federal Territory fatwa is only applicable to those who live there and not in Kedah.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.