Activists seek to amend originating summons in Zakir Naik case

Persatuan Hindraf Malaysia chairperson P Waythamoorthy and 16 other activists yesterday filed an amendment to their originating summons, seeking to withdraw 10 declarations and put in two in relation to controversial preacher Zakir Naik.

This was disclosed to High Court judge Azizah Nawawi in Kuala Lumpur by the lawyer for the plaintiffs, S Karthigesan, in chambers today.

Justice Azizah had earlier fixed today to hear the application from the defendants, comprising the home minister, Immigration Department director-general, National Registration Department director-general, inspector-general of police and the government, to strike out the matter.

“Hence, our application to amend the originating summons will now be heard first. Following that the court will fix another date for the striking out application,” Karthigesan told reporters.

Justice Azizah then fixed Oct 11 to hear the application to amend the original document filed by the activists.

The declarations that the activists, who include Bingkor assemblyperson Jeffrey Kitingan, lawyer Siti Kassim and Centre for Policy Initiatives director Lim Teck Ghee (photo), wanted to add are:

• That Zakir is someone who is a threat to the safety and public order of the federation and its ties with other countries; and
   
• That Zakir is not someone who is entitled to get permanent resident status in Malaysia.

Among the prayers from the originating summons that they want to be dropped is one for the defendants to arrest Zakir and deport him.

Lawyer Adnan Seman, who appeared for Perkasa, which is an intervenor, and senior federal counsel Shamsul Bolhassan for the defendants, said they received the application to amend the originating summons today.

Perkasa president Ibrahim Ali, who was present, described the withdrawal of the 10 declaratory relief sought by the activists as a moral victory for Zakir.

“The movement will continue to stand by him and support Zakir. We hope to seek a quick resolution to the case,” Ibrahim told reporters on the sidelines.

The activists on March 1 this year filed the originating summons to arrest and deport the controversial Islamic preacher from India.

Govt's application to strike out

The plaintiffs sought the amendments on grounds that there have been developing circumstances that required the changes.

Waythamoorthy said in an affirmed affidavit that the amendments were to facilitate the court to consider the prayers filed.

The government has applied to strike out the suit on grounds that it does not reveal any cause of action against the defendants.

The application is frivolous, vexatious and an abuse of the court process, it said.

The relief applied for was against Zakir, who is not a party in the action.

The government further pleaded that the plaintiffs had not shown how their rights or interests had been affected following what was accorded to Zakir.

Any such application must be done via judicial review under Order 53 of the Rules of Court 2012 and not under originating summons, it argued.- Mkini