KUALA LUMPUR: High Court Judge Akhtar Tahir will hear a suit filed by two Sabahans who want the attorney-general to prosecute PAS president Abdul Hadi Awang for allegedly making a seditious statement against Christians.
During case management today, Akhtar said he had jurisdiction to hear the case although he was from the civil division.
“The judge fixed Jan 29 for another case management via a virtual hearing to issue further directives and compliance,” lawyer R Kengadharan, who is appearing for Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian, said.
Kengadharan said that following Akhtar’s decision, he had withdrawn the application by Maklin and Lawrence to transfer the case to the Appellate and Special Powers division.
“We wanted to transfer the suit to the division as my clients are seeking declaratory relief that involves constitutional issues,” he said.
Maklin, 48, and Lawrence, 64, want a declaration that Hadi had committed the offence under Section 3 of the Sedition Act, and a declaration that he is unfit to hold any position in government.
Hadi, who is a special ambassador to the Middle East, is also the Marang MP.
In their originating summons, the duo claimed Hadi made a seditious statement in the PAS organ Harakah on Jan 18, 2016 against Christians and/or Christian missionaries.
“It has been more than four years since the defendant (Hadi) issued the statement but no prosecution has been brought against him,” they said.
In their affidavit to support their action, they also said Hadi’s statement was also published by FMT on the same day.
“We respectfully believe that the defendant has made an unfounded statement and cast aspersions on Christians and/or Christian missionaries which has become a matter of public interest,” they added. - FMT
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