Syariah court judge Mohd Shukor Sabudin in dismissing Anwar’s call ruled that the application “frivolous” and an abuse of the Islamic justice system.
Anwar had filed the qazaf application on July 9, 2008 against Mohd Saiful for making "false allegations" against him in relation to alleged sodomy.
He then filed the application to compel the court to order the FT syariah prosecution department to take action against Mohd Saiful.
Anwar, 62, is facing a criminal trial at the Kuala Lumpur High Court for allegedly sodomising Saiful, 24, at a condominium in Bukit Damansara on June 26, 2008. The trial is ongoing.
At the last hearing on March 10, the respondent’s - FT Syariah public prosecutor Shamsuddin Hussain, FT religious departments head Che Mat Che Ali and Minister in the Prime Minister's Department (religious affairs) Jamil Khir Baharom – lawyer Zainal Rijal Abu Bakar gave three reasons as to why the qazaf application should be rejected.
The first concerned the affidavit which he claimed was flawed because it is based on a notice of application and not a summons.
The second was that the application excluded certain syariah requirements and therefore went against syariah law.
The third was whether it is in the court's jurisdiction to issue an order to prosecute Saiful Bukhari.
Said Zainal in court: “The question is not whether qazaf took place or not ..It is whether the court can issue this prosecution order or not".
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