Judge rules Kassim Ahmad case to go to civil court

(The Star) – The civil court has jurisdiction to hear former political activist Dr Kassim Ahmad’s challenge against a Syariah prosecution on allegations of insulting Islam, the Court of Appeal ruled.

Justice Balia Yusof Wahi said a substantial part of the challenge was on how the Federal Territory Religious Department (Jawi) initiated proceedings against Kassim.

He added that while there were issues of jurisdiction between Syariah and civil courts, there was also the question of enforcement and administration of Jawi.

The three-member panel who included Justices Mohtarudin Baki and Rohana Yusof allowed Kassim’s appeal and granted him leave to have his judicial review heard by the Kuala Lumpur High Court.

“We are satisfied that the applicant has passed the low threshold in establishing a prima facie case to have the judicial review heard,” Justice Balia Yusof said.

He added that Kassim should not be denied the opportunity to have his challenge heard by way of judicial review.

Senior Federal Counsel Nor Hisham Ismail had submitted yesterday that the application was not reviewable by a civil court as it was a criminal matter.

Rosli Dahlan, who acted for Kassim, 81, countered that the judicial review only questioned Jawi’s actions and not that of the Syariah Court.

On July 14, the Kuala Lumpur High Court dismissed Kassim’s leave application to challenge the chief Syarie prosecutor’s decision to charge him with insulting Islam and defying religious authorities.

Judge Datuk Zaleha Yusof had agreed with the AG’s Chambers’ preliminary objection that the court had no jurisdiction to hear Kassim’s application.