Khalwat raid - couple withdraw suit against Jawi

A couple who created headlines last year when they sued the Federal Territory Islamic Affairs Department (Jawi) for raiding their hotel room and detaining them for khalwat (close proximity) withdrew their suit against the enforcement agency today.

Mohd Ridhuan Giman, 35, told Justice Nordin Hassan at the Kuala Lumpur High Court that he wished to withdraw the case as he was self-employed and facing financial difficulties. His wife Siti Sarah Maulad Abdullah was not present.

Ridhuan also said he was facing two other cases at the Syariah court and civil court and wished to focus on these two proceedings.

Following this, senior federal counsel Kamal Azira Hassan and Zuhrin Elina Mohd Dom, representing Jawi and the Prime Minister's Department, sought costs amounting to RM10,000 plus an apology from the couple.

Justice Nordin, however, ordered Ridhuan to pay RM3,000 costs with no order for an apology. The court then struck off the suit. The matter was initially fixed for hearing for three days beginning today.

Ridhuan and Sarah had filed their suit last February and named as defendants Jawi enforcement officers Mohd Shiham Ramli and Mohammad Izehar Md Amin, the chief enforcement officer of Jawi, the director-general of Jawi, Jawi, the Prime Minister's Department and the government.

They claimed that Jawi officers had barged into their hotel room while wielding their authority cards and taking a video of the raid. Ridhuan said one of the officers allegedly assaulted him after which he and his wife were arrested despite them showing a photo of their marriage certificate.

The couple claimed wrongful arrest, confinement, trespass, violation of privacy, abuse of office and a violation of fundamental liberties. Their suit sought compensation for damage to reputation, aggravated damages and costs.

Jawi's defence

Jawi and its officers in their statement of defence denied the couple's claims of purported assault, arrest and trespass.

It said that at about 10.55pm on Jan 7 last year, they had received information about a purported khalwat offence and proceeded to the hotel in Pudu, Kuala Lumpur at 1am.

It said its officers went to the couple's room and introduced themselves but Ridhuan had raised his voice and questioned the Jawi enforcement officers' actions.

The Jawi officers claimed that Ridhuan and Sarah failed to show any evidence of marriage and only produced a photograph of their marriage certificate.

“As both Ridhuan and Sarah did not cooperate, Jawi officers called the police for assistance. The two were subsequently arrested for investigation under Section 27 (a) and (b) of the Syariah Criminal Offences (Federal Territory) Act 1997."

Jawi claimed the arrest of the couple was legal as they failed to show any proof of their marriage at the time of the raid and their subsequent arrest was bona fide and in accordance with the law.

The Jawi officers further denied that they had violated the couple's fundamental rights regarding the arrest  or committed assault and battery on Ridhuan.

Jawi further claimed in its defence that their investigations showed that the tip-off that the couple were engaging in khalwat came from either Ridhuan or Sarah.

It is understood that Ridhuan and Sarah are facing Syariah charges regarding the raid and for allegedly giving false evidence.-Mkini