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Monday, August 8, 2022

Appellate court upholds dismissal of lawsuit linked to Zakir Naik

Hindraf failed in its appeal to reinstate a lawsuit seeking to declare Islamic preacher Dr Zakir Naik as an alleged threat to ethnic and religious harmony in Malaysia.

A three-person Court of Appeal bench chaired by Abdul Karim Abdul Jalil unanimously dismissed the appeal by Hindraf chairperson P Waythamoorthy and 18 other appellants.

When contacted this afternoon, the appellants’ lawyer S Karthigesan confirmed that the appellate court upheld the Kuala Lumpur High Court’s 2018 decision to strike out the originating summons (OS).

The counsel said that the bench - also comprised of judges S Nantha Balan and Azman Abdullah - ordered the appellants to pay RM5,000 in costs to the government.

Karthigesan added that he has yet to receive any instructions from his clients on whether to file an application for leave to appeal to the Federal Court.

On Feb 13, 2018, Bernama reported that the lower court allowed the application by then deputy prime minister Ahmad Zahid Hamidi and four others to strike out the OS.

The other four were the Immigration Department director-general, the National Registration Department director-general, the inspector-general of police, and the Malaysian government.

Then High Court judge Azizah Nawawi allowed the striking-out on grounds that Zakir was not named as a defendant in the legal action. She has since been elevated to the Court of Appeal.

Through the civil suit filed on March 1, 2017, Waythamoorthy and the 18 others, comprising politicians, lawyers and NGO members, sought a court declaration that the controversial preacher was a threat to racial and religious harmony in the country and should be arrested.

They also claimed that Zakir had encouraged terrorism, was banned from entering several countries over suspected involvement with certain terror groups and had instigated foreigners in the country to disturb the peace.

Perkasa, through its president Ibrahim Ali, is an intervenor in the legal action. 

During today’s Court of Appeal proceedings, the appellants were also represented by counsel Gopal Sri Ram and R Kengadharan.

Senior federal counsel Suzana Atan acted for the government, while lawyer Adnan Seman represented Ibrahim. - Mkini

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