Court strikes out suit seeking arrest, probe of Muslim preacher Zamri

 

Muhammad Zamri Vinoth Kalimuthu succeeded in his bid to strike out a lawsuit by two Hindu groups that sought to compel the police to arrest and investigate the Muslim preacher.

The Kuala Lumpur High Court today allowed the striking-out application by not only Zamri (above) but also the other three defendants, namely the police, the Home Ministry, and the government.

On Sept 14 last year, Zamri’s lawyers filed the striking-out application on grounds that the suit does not disclose a reasonable cause of action, and was frivolous, vexatious and an abuse of court process. 

Earlier on April 28 last year, the Hindu groups - Pertubuhan Hindhudharma Malaysia and the Majlis Belia Hindu Malaysia - filed the writ of summons to seek court orders for among others that Zamri is arrested and investigated over alleged inflammatory speeches and writings. 

The two groups had also sought a declaration that the Muslim preacher was a threat to the security and peace of the multi-ethnic and multi-faith country of Malaysia.

The two plaintiffs claimed that the police, among others, had been negligent in not fully investigating Zamri despite having received nearly 800 reports over the preacher’s alleged offence.

'We will be appealing'

When contacted by Malaysiakini this afternoon, the groups’ counsel Shanker Sundaram confirmed that judicial commissioner Mohd Arief Emran Arifin allowed the four defendants’ bid to strike out the lawsuit.

“Upon hearing of submissions from all parties (during today’s online proceedings via Zoom), the court struck out the suit.

“The court made a finding that the plaintiffs had no cause of action. We however disagreed, and we will be appealing (to the Court of Appeal),” Shanker said.

When reached out by Malaysiakini, Zamri confirmed that the High Court allowed the application to strike out the two groups’ legal action.

Muslim preacher Zakir Naik

In April 2019, Zamri, who was allegedly a student of fugitive Muslim preacher Zakir Naik, was arrested, following claims linked to the uploading onto social media a sermon that was deemed to have purportedly insulted Hindus. 

However, in July that same year, the Attorney-General’s Chambers (AGC) reportedly said it would not be pressing charges against Zamri over the incident. 

Then on Aug 6, 2020, through a parliamentary written reply, the Home Ministry said the investigation papers on Zamri were still with the AGC.

It said there were three investigation papers and a probe was carried out under Section 4(1) of the Sedition Act, Sections 298A and 504 of the Penal Code and Section 233 of the Communications and Multimedia Act.

It is not clear if the investigation papers mentioned by the Home Ministry were separate ones that were still being considered. - Mkini