Publisher fails to challenge Irshad Manji's book seizure

Zi Publications Sdn Bhd and its director Mohd Ezra Zaid (photo above) today failed to challenge the confiscation of books by the Selangor Islamic Department (Jais) in 2012.

Justice Kamaludin Md Said of the High Court in Kuala Lumpur said the court cannot review the investigation and enforcement conducted by religious authorities.

"The search warrant and the seizure of copies of the book were made in the course of a criminal investigation of an offence under the Syariah Criminal Offences (Selangor) Enactment 1995, pursuant to the powers conferred under the enactment.

"Therefore, the issue raised related to the search warrant and the seizure of the books is outside the scope of judicial review. Hence, the judicial review application by Zi Publications is dismissed," he ruled.

Justice Kamaludin awarded costs of RM5,000 to be paid by the publisher to Jais and to the federal government.

Zi Publications initiated the action after Jais had seized 180 copies of the Malay translation of "Allah, Liberty and Love" by Canadian Muslim author Irshad Manji from its premises.

Ezra and ZI Publications named Jais, the director of Jais, the head of enforcement of Jais, the head prosecution of Jais, the Selangor government and the federal government as respondents.

The judge also ruled that Section 16 of the Syariah Criminal Enactment (Selangor) 1995, which was challenged by Ezra as unconstitutional, with Ezra's lawyers claiming it violated his right under Article 8 in relation to Article 10.

Justice Kamaludin said the raid was done on the premises of Zi Publications, with a warrant validly issued under Section 46 of the enactment.

"There is nothing wrong with the search warrant because it follows the statutory form provided under the enactment.

Initially, ZI Publications failed to get leave for judicial review but on appeal to the Court of Appeal last April, it allowed leave for the publisher to challenge the seizure and charge faced by Ezra.

Ezra and ZI Publications were represented by K Shanmuga and Fahri Azzat while senior federal counsel Shamsul Bolhassan appeared for the federal government, while senior lawyer Sulaiman Abdullah represented Jais. -Mkini