No case for Jais to hold bibles, say lawyers

(The Star) – There is no case for the Selangor Islamic Religious Council (Mais) and the Selangor Islamic Religious Department (Jais) to hold on to the 321 Bibles seized from the Bible Society of Malaysia, say constitutional lawyers.

Constitutional lawyer New Sin Yew told the Star Online that “The A-G had given them legal advice and they should follow the A-G’s advice. Jais and Mais should stop justifying the unjustifiable,” said New.

New added that with the advice given by Attorney-General Tan Sri Abdul Gani Patail last week, Mais and Jais could not legally hold on to the Bahasa Malaysia and Iban Bibles that were seized on Jan 2 this year.

Last Wednesday, Patail said that no charges would be made against BSM and that his office considered the case as closed, adding that the seized books did not involve issues of national security.

However, in a statement issued last Saturday, Mais chairman Datuk Mohamad Adzib Mohd Isa said the decision to not comply with the state government’s order to return the Bibles was made at a meeting between the council and Jais on Friday.

Later, in another statement issued on the same day, he added: “We have decided not to return the Bibles as the Selangor executive council has no jurisdiction to instruct Jais to return items seized during any investigation.

“We are adhering to the Criminal Procedure Code that says items seized in the course of an investigation can be referred to the court to be disposed of.”

Jais had seized the 321 copies of the Malay language Bibles (AlKitab) and Iban Bibles (Bup Kudus) in a raid on the BSM office here under the Non-Islamic Religion (Control of Propagation Among Muslims) Enactment 1988, and maintains that there is a case against BSM under the Enactment.

Lawyers for Liberty co-founder Eric Paulsen said that it was now illegal for Jais and Mais to hold onto the Bibles.

“There is no valid reason to keep the Bibles any more. The provisions of the Criminal Procedure Code (CPC) quoted by Mais is only meant for criminal cases in court. The only way is to file a civil suit to force the return of the Bibles and to claim damages,” said Paulsen.

Asked whether the BSM should file a judicial review application against the decision of Mais and Jais, Paulsen told The Star Online that while a judicial review suit is faster, there is a time limit as to when it can be legally filed.

“It is safer to do an overall suit from the moment of arrest and seizure of the Bibles, although it is still arguable to challenge the decision to retain the Bibles through a judicial review application,” said Paulsen.

Meanwhile,Bar Council Human Rights Committee co-chairperson Andrew Khoo said that what Jais has said is unconstitutional as it shows a failure to appreciate Article 145(3) of the Federal Constitution.

He said BSM should file a court action based on Art 145 (3) to get the court to order Jais as a government department under the Selangor state government to return the Bibles.

Khoo pointed out Article 145(3) basically says the A-G has the power, exercisable at his discretion to institute or discontinue any proceedings

“Therefore, if the A-G is telling us that there is no case and that he is not planning to institute a case, he is exercising his powers under 145(3). So it is not open to Jais to insist that there is something to be continued under the CPC,” said Khoo.

He added that with the statement from the A-G, it is not open for Jais to insist that there is a case to be continued under the CPC.

“The A-G has already spoken and the courts have held his discretion is not reviewable. To defy his advice is to ignore the Constitution,” said Khoo.