Sisters in Islam (SIS) has condemned the purported charge against Siti Nuramira Abdullah, 26, in the Syariah court system over her controversial stand-up routine at a comedy club in Taman Tun Dr Ismail (TTDI) last month.
In a statement, it alleged that the charge could result in potential double jeopardy, which contravenes Article 7 of the Federal Constitution.
Article 7 of the constitution protects against retrospective criminal laws and repeated trials.
Siti Nuramira (above) was also charged in the Kuala Lumpur Sessions Court on Wednesday with causing enmity and ill-will.
“As she is already charged for the offence in the Sessions Court, it is untenable that she should be charged for a similar offence in another court using the same facts as this may be tantamount to double jeopardy.
“Article 7 of the Federal Constitution protects against double jeopardy. The principle of autrefois convict or acquit will be an issue when one of the courts has come to a decision, rendering the other redundant,” SIS said.
As such, SIS called on the religious department of the Federal Territories to cease the charge against Siti Nuramira in the Syariah court.
TheVibes reported today that Siti Nuramira will be charged separately under Section 7 of the Syariah Criminal Offences (Federal Territories) Act 1997 in the Syariah court for allegedly insulting Islam.
The matter was confirmed by Deputy Minister in the Prime Minister’s Department (Religious Affairs) Ahmad Marzuk Shaary to TheVibes’ sister portal Getaran.
If found guilty, she would be liable to a fine not exceeding RM3,000 or to imprisonment not exceeding two years, or both.
Siti Nuramira’s charge in the Sessions Court is framed under Section 298A of the Penal Code for the offence of causing disharmony, disunity, enmity hatred, ill-will, or prejudicing maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions.
She can be jailed for between two and five years if found guilty.
Wasteful ‘show of force’
SIS said that Section 7 of the Syariah Criminal Offences (Federal Territories) Act 1997 and Section 298A of the Penal Code were similar offences and a person should not be charged with the same offence twice.
The group also said the “show of force” was a waste of public funds.
“The cost of investigation, calling for witnesses and trial proceedings will incur more funds for this repetitive action,” it added.
Before the Kuala Lumpur Sessions Court on Wednesday, Siti Nuramira claimed trial for causing enmity and ill-will with the open-mic routine.
She is reportedly at the Kuala Kubu Baru satellite prison before she is to be transferred to the Kajang women’s prison, pending trial.
Previously, a video of a woman, alleged to be Siti Nuramira, who took off her headscarf and baju kurung on stage at a comedy club had gone viral on social media.
Crackhouse Comedy Club said it banned the woman and her partner from the venue immediately after her stand-up performance and proceeded to lodge a police report.
Kuala Lumpur City Hall has since suspended the club’s licence.
The suspension, however, was criticised by comedians and netizens who believed the club should not be punished for the woman’s actions during an open-mic event on the premises. - Mkini
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