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Wednesday, 14 July 2010

A-G to be a party in lawyer’s Syariah suit

The Star 
by M. MAGESWARI

KUALA LUMPUR: The Attorney-General’s Chambers has been allowed to be an intervenor in a test case where a non-Muslim counsel is challenging the requirement that a Syarie lawyer in Kuala Lumpur must be a Muslim.

Yesterday, High Court deputy registrar Halilah Suboh granted the application made by Senior Federal Counsel Nadia Hanim Mohd Tajuddin on behalf of the A-G’s Chambers.

Halilah made the order after meeting the parties in her chambers - Nadia, lawyer Zulkifli Che Yong, who acted for the Federal Territory Islamic Religious Council, and counsel Razlan Hadri for non-Muslim counsel Victoria Jayaseelee Martin.

Zulkifli said the A-G’s Chambers has been named as the second respondent to raise points of law in the civil action after both parties had no objections over the intervenor application.

He said the case is fixed to be heard before High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh on Nov 2.

However, Zulkifli said he told Halilah that there is a possibility of the council filing a preliminary objection in the judicial review application over the issue of jurisdiction.

“This is in relation to whether the syariah or civil court has the jurisdiction to hear the judicial review application,” he said.

Victoria succeeded on May 14 in her leave application to get the High Court to hear her case to compel the council to admit her as a Syarie lawyer.

In her judicial review application filed on May 19, Victoria is seeking a declaration that Rule 10 of the Peguam Syarie Rules 1993, which mandates that only Muslims be accepted as Syarie lawyers is beyond the powers of the Administration of Islamic Law (Federal Territories) Act 1993.

In her affidavit, Victoria, 48, said she applied to be admitted as a Syarie lawyer in KL in February, 2006.

She claimed that she did not get any response for her first application causing her to re-apply on Aug 24, last year.

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