High Court avoids Kassim Ahmad’s judicial review bid

"He should go to that avenue (Syariah), as there is remedy under Sections 233 and 234 to judge the precept of Islam.”

KUALA LUMPUR: The High Court said on Tuesday that it was reluctant to provide the declaratory relief sought by Islamic scholar Kassim Ahmad who wanted it to declare that his arrest at his home in Kulim, Kedah by the Federal Territory Islamic Department (Jawi) was illegal and unlawful.

He had filed a Judicial Review application.

“He should go to that avenue(syariah) , as there is remedy under Sections 233 and 234 to judge the precept of Islam,” said High Court judge Asmabi Mohamad in not allowing the Judicial Review application.

Justice Asmabi then fixed January 12 to hear an application for stay filed immediately by Kassim’s counsel, Rosli Dahlan.

Senior federal counsel Maisarah Jauhari, in objecting, said the application for stay should be by way of a written application.

Kassim was charged in the Lower Syariah Court, with two charges of insulting Islam, and also hauled before the Putrajaya Syariah High Court.

Rosli, on the sidelines, said that “anyone who was in Court would have observed an avoidance of the issue”.

“There are ample authorities who say that the moment it’s about fundamental issues and violations of constitutional liberties and on constitutional guarantees, then the power and jurisdiction vests in the High Court and civil courts.”

Kassim added: “We will appeal all the way.”

Former Law Minister Zaid Ibrahim, who was in Court to observe the proceedings, expressed disappointment with the High Court.

“In this country, if you don’t want to give the remedy, you say ‘go to the Syariah Court. There’s nothing we can do here. Go and get your remedy there’,” said Zaid. “That’s not how the system is supposed to work.”

“People and judges forget we have only one court system and the civil court is the highest.”