AG files objection against Kassim’s application

(Bernama) – The Attorney-General’s Chambers has filed a preliminary objection against the application for a judicial review filed by former political and social activist Dr. Kassim Ahmad to challenge the prosecution’s decision to charge him for insulting Islam.

The objection was filed by senior federal counsel Suzana Atan when the case was mentioned in chambers before High Court Judge (Appellate and Special Powers) Zaleha Yusof in the presence of Kassim’s lawyer, Rosli Dahlan.

Suzana said the preliminary objection was filed on grounds that the civil court had no jurisdiction to hear Kassim’s application as there was a syariah criminal case involving him which was being tried at the Putrajaya Syariah High Court.

“Article 121 (1A) of the Federal Constitution is very clear in that the civil court has no jurisdiction when the matter is within the exclusive jurisdiction of the syariah court,” she told reporters.

Suzana said the court has fixed July 14 to decide on the preliminary objection.

Suzana is representing the Minister in the Prime Minister’s Department Jamil Khir Baharom, Federal Territories syariah chief prosecutor Ibrahim Deris, Federal Territories Islamic Religious Department and the government.

Meanwhile, Rosli said the civil court has the jurisdiction to review alleged misconduct by public authorities.

“All public authorities are subject to the Federal Constitution and the civil court could not avoid hearing the application for leave just because it is an Islamic matter,” he said.

Kassim, 81, filed the application on June 26, seeking among others, a writ of certiorari to strike out the chief syariah prosecutor’s decision on March 27 to prosecute him for insulting Islam and defying religious authorities at the Putrajaya Syariah High Court.

He also requested that his case proceedings in the Syariah High Court be suspended pending the decision of the judicial review.
Kassim also applied for an order to cancel the action and decision of Jawi enforcement officers who raided, ransacked and seized his publication materials, as well as had inspected, detained and removed him from Kedah to Kuala Lumpur.