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Monday, July 14, 2014

High Court rules it cannot hear Kassim Ahmad’s ‘insulting Islam’ case

Former social activist Dr Kassim Ahmad is challenging a Shariah prosecutor’s decision to charge him with insulting Islam and not complying with religious authorities. – The Malaysian Insider file pic, July 14, 2014.Former social activist Dr Kassim Ahmad is challenging a Shariah prosecutor’s decision to charge him with insulting Islam and not complying with religious authorities. – The Malaysian Insider file pic, July 14, 2014.
A High Court in Kuala Lumpur today ruled that it has no jurisdiction to hear a judicial review filed by former social activist Dr Kassim Ahmad to challenge a Shariah prosecutor’s decision to charge him with insulting Islam and not complying with religious authorities.
Senior federal counsel Suzana Atan said judge Datuk Zaleha Yusof, in allowing the attorney-general’s preliminary objection against the review, held that the subject matter was within the exclusive jurisdiction of the religious court.
The ruling was made in chambers.
"At the same time, I will file for a stay of today's decision in order to prevent Kassim's trial from proceeding in the Shariah Court on Thursday," he said.
Rosli said Zaleha refused leave because she was bound by a recent Federal Court ruling on the jurisdiction of the Shariah Court.
"We had pointed out other previous rulings on civil court having jurisdiction to hear such matters but she was not with us," he added.
Last week, the A-G filed the preliminary objection on grounds that the civil court had no jurisdiction to hear Kassim’s application as there was a Shariah criminal case involving him pending at the Putrajaya Shariah Court.
“Article 121 (1A) of Federal Constitution was very clear that the civil court has no jurisdiction when the matter is within the exclusive jurisdiction of Shariah Court,” Suzana had said.
Kassim had filed a leave application for judicial review and had named Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom, Federal Territories syarie chief prosecutor Ibrahim Deris, Federal Territories Islamic Religious Department (Jawi) and the government as respondents.
Kassim, 81, filed the application on June 26, seeking among others, an order to strike out Ibrahim's decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.
He also wanted his case in the Shariah Court be suspended pending the decision of the judicial review.
Kassim wanted all actions and decisions by Jawi enforcement officers who raided and seized his publication materials, as well as detaining him from Kedah to Federal Territories be revoked.
He sought a declaration that the action of Jawi officers and the  prosecution against him were ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Shariah Acts and Kedah Shariah Enactments.
Kassim also sought a declaration that the offence of violating a fatwa (edict) issued in Federal Territories only applied to Muslims in that locality.
- TMI

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