Court: Jawi can’t act against Kassim pending appeal

(Bernama) – The High Court here allowed social activist Dr Kassim Ahmad’s application to restrain the Federal Territories Islamic Department (Jawi) from continuing with any action against him.

Justice Asmabi Mohamad made the decision in Dr Kassim’s favour, after reviewing both parties’ written submissions.

The 82-year-old octogenarian stands accused on three charges of insulting Islam in the Syariah High Court.

Counsel Rosli Dahlan told reporters that following the ruling, Jawi or its officers were prohibited from taking any action or continue proceedings in the Syariah High Court against Kassim, pending the disposal of his appeal in the Court of Appeal.

Kassim is appealing against Asmabi’s verdict on January 6 which dismissed his application for a judicial review against the Federal Territories Syarie prosecution chief’s decision to charge him at the Syariah High Court on three charges of insulting Islam.

Meanwhile, the Syariah High Court has adjourned Kassim’s trial and set February 16 for mention.

On January 6, Asmabi, in dismissing Kassim’s judicial review application said Kassim could not come to the Civil Court for judicial review of the enforcement agency as the case fell under the jurisdiction of the Syariah Court.

The judge said, however, that Kassim could seek remedy in the civil court for his alleged unlawful arrest and detention.

Kassim filed the application on June 26 last year, seeking a certiorari order to set aside the syarie chief prosecutor’s decision on March 27, last year, to charge him for allegedly insulting Islam and defying the authorities.

He also applied for his case at the Syariah High Court in Putrajaya to be stayed pending a decision on the judicial review application.

He also sought an order to set aside all warrants of arrest, search and seizure as well as the attached bond, and a declaration that Jawi officers and prosecutors had acted beyond their jurisdiction.

He alleged that the Jawi officers and prosecutors had violated the Federal Constitution, Federal Territories Syariah Act and Kedah Syariah Enactment, in their action against him.