PAS has filed to strike out Amanah vice-chief Muhajid Yusof Rawa’s defamation suit against the opposition party.
The former Parit Buntar MP’s counsel Noorazmir Zakaria confirmed with Malaysiakini PAS’ bid to nullify the civil action without its merits being heard in a full trial.
The lawyer added that the Kuala Lumpur High Court had set June 21 for the application hearing after vacating the initial date which is today.
According to a copy of the striking-out application framed under Order 18 Rule 19(1)(a) of the Rules of Court 2012, PAS - which is being sued through its secretary-general Takiyuddin Hassan - claimed that Mujahid (above) failed to disclose any reasonable cause of action against the Perikatan Nasional component party.
On Dec 15 last year, Mujahid sued PAS for defamation over allegations that he supported the lesbian, gay, bisexual, and transgender (LGBT) community.
Mujahid’s civil action is over a Facebook posting dated Oct 16 last year, which referred to his tenure as then minister in the Prime Minister's Department in charge of religious affairs during the Dr Mahathir Mohamad-led Pakatan Harapan administration.
The Harapan administration under Mahathir lasted from May 2018 to February 2020.
Through the writ of summons, the plaintiff seeks among others a court order for Takiyuddin or PAS to make an open apology to be published in Malay dailies and the party’s Facebook within 14 days from the date of judgment.
PAS’ counsel from law firm Tengku Amalin & Faizi filed the striking-out bid on Feb 15 this year.
A PAS member before being ousted in 2015, Mujahid and several other former members founded Amanah that same year.
‘Fair comment’ on Mujahid’s stance
According to the defendant’s statement of defence filed on Feb 6, PAS claimed that the Facebook post was a fair comment over Mujahid’s stance on LGBT activities seen through his various media statements issued during his ministerial tenure.
The party also raised the defence of justification (ready to prove in court the truth behind the impugned statement) by citing several alleged Mujahid statements including a question-and-answer session with the media on Aug 8, 2018.
PAS claimed that on that date, Mujahid told the press, while he as a Muslim considered LGBT activities a sin, he also did not have a problem with the community as the practice is their choice.
In a reply filed on Feb 20, Mujahid countered that PAS took his media statements out of context.
The plaintiff contended, for example, that his Aug 8, 2018 statement did not amount to the support of LGBT “sexual orientation” but he was emphasising that every individual deserves to be treated equally under the law in accordance with the Federal Constitution.
Mujahid explained that this statement was made on the heels of a series of uncalled-for physical attacks (kekasaran) by certain individuals against members of the LGBT community. - Mkini
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