A case for Syariah court

The Star
by M. MAGESWARI

KUALA LUMPUR: Only the Syariah court has the exclusive jurisdiction to deal with the case against academician Kassim Ahmad for insulting Islam, the High Court heard yesterday.

Federal counsel from the Attorney-General’s Chambers submitted yesterday that Kassim’s application for an order to quash a decision by the Federal Territory Islamic Religious Department (Jawi) to prosecute him for allegedly insulting Islam should be deemed as academic.

Senior Federal Counsel Suzana Atan submitted that the civil court has no jurisdiction to deal with matters related to Islam.

“We submit that it is a matter where only the Syariah court has the exclusive jurisdiction to deal with,” she argued before High Court judge Justice Asmabi Mohamad.

Suzana submitted that it was clearly stated in the Ninth Schedule of the Federal Constitution.

Federal Counsel Maisarah Juhari submitted that Kassim’s application for a judicial review concerning the issuance of his warrant of arrest and search warrant, as well as the decision of Jawi to prosecute him for allegedly insulting Islam should be deemed as academic.

“It is academic as the applicant has been charged in the Syariah High Court,” she said.

Maisarah said if Kassim was dissatisfied with all procedures leading to his prosecution in the Syariah court, he could make use of the Syariah High Court’s revisionary and supervisory power to review and make relevant direction over the matter as justice required.

She said the contention that Kassim was not informed of his charges is a total lie and that it could be noted from the police report lodged on March 26.

Kassim filed the application on June 26, to get a court order to quash the decision of Federal Territory Syarie chief prosecutor Ibrahim Deris to charge him at the Putrajaya Syariah High Court in March.

Kassim is seeking an order for the High Court to assess compensation for the trauma, fear, losses, difficulty and damage to his reputation and good name due to Jawi’s alleged wrongful arrest and prosecution.

He had named Minister in the Prime Minister’s department (Islamic affairs) Datuk Seri Jamil Khir Baharom, Ibrahim, Jawi and the Government as respondents.

Among others, Kassim is applying to the court to set aside the action of the Jawi’s enforcement officers in raiding and seizing his publication materials as well as for arresting him in Kedah.

However, Kassim’s lead counsel Rosli Dahlan argued that Jawi’s actions in prosecuting his client for allegedly insulting Islam were illegal.

Among others, Rosli argued that Jawi had created its own document with a tampered date and claimed that there was a first information report in the case against Kassim.

Rosli argued there was inconsistency on the period of Kassim’s detention and it could be noted in the time stated in the police report and the respondents’ affidavit with regard to his arrest.

He said that Jawi acted in bad faith by depriving Kassim of his liberty without due care, caution and responsibility when it, despite knowing that he is an 82-year-old, subjected him to detention for more than 27 hours. Justice Asmabi set Dec 19 to deliver her decision on the judicial review application.