THE Court of Appeal in Putrajaya has unanimously dismissed my appeal under Section 133 of the Criminal Procedure Code against Muslim convert preachers Firdaus Wong Wai Hung and Zamri Vinoth Kalimuthu.
This was because the public prosecutor has classified my complaint against Zamri as requiring no further action (NFA). Likewise, the appellant court ruled that no examination could be conducted on Firdaus as investigations into my complaint against him were still on-going.
The unanimous decision was read by Justice Datuk Ahmad Zaidi Ibrahim who headed a three-judge panel which also consisted of Justice Datuk Mohd Nazlan Mohd Ghazali and Justice Datuk Mohamed Zaini Mazlan.
I was represented by S. Ravichandran and A. Kanesrau while Solehah Noratikah Ismail and Sarulatha Paramavathar appeared for the public prosecutor.
We have exhausted all our avenues. All efforts from submitting police reports and handing over memorandums to the Attorney-General’s Chambers (AGC), Bukit Aman Police Headquarters and the Prime Minister’s Office to filing a suit in the courts have been in vain.
Editor’s Note: In 2020, the police investigated Firdaus and Zamri under Section 298A of the Penal Code for allegedly inciting enmity between different groups on religious or racial grounds.
On Jan 8, 2021, Shashi applied to conduct private prosecution at the Shah Alam Magistrate’s Court and on Sept 3, 2021, Magistrate Mohamad Redza dismissed the application on the grounds that the police investigation against Zamri was classified as NFA while the investigation against Firdaus was still in progress at that time.
The Court of Appeal went on to cite Article 145 of the Federal Constitution to reject my application whereby it contended that I cannot proceed with the private prosecution given Article 145(3) accords the Attorney-General (AG) executive power to exercise his discretion to continue or discontinue any proceedings.
No justice for non-Muslims?
For years, both preachers have consistently insulted and belittled non-Islamic faiths and beliefs.
Despite thousands of police reports being filed against them – supported by a compilation of postings and video evidence – no meaningful action has been taken neither by the police nor the AGC.
Even other preachers such as Ustaz Syakir Nasoha and Ustaz Idris Sulaiman who have openly insulted non-Islamic religions remain unpunished.
Despite overwhelming evidence and numerous reports, no action has been taken against them, highlighting a disturbing failure to uphold justice and accountability.
This has set a dangerous precedent: when Islam is insulted, individuals are swiftly arrested within 24 hours and charged yet when it comes to offences against non-Muslims, there has not been timely action or accountability.
This blatant double standard undermines the principles of equality as reflected under Article 8 of the Federal Constitution and the failure of the government on upholding the Federal Constitution.
Such precedent will only embolden preachers like Zamri Vinoth, Firdaus Wong, Idris Sulaiman, Syakir Nasoha and many others like them to freely insult and belittle other faiths and beliefs in Malaysia with impunity.
This shall further fuel division of unity, values of respect and erode religious tolerance while undermining Malaysia’s justice system and destabilising the social fabric.
S. Shashi Kumar is president of Global Human Rights Federation (GHRF).
The views expressed are solely of the author and do not necessarily reflect those of MMKtT
- Focus Malaysia.
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