Right to freedom of religion of Sarawakian not absolute, Appeals Court heard

(Bernama) — The right to freedom of religion of Sarawakian clerk Jill Ireland Lawrence Bill is not absolute, the Court of Appeal here today heard.

Senior Federal Counsel Shamsul Bolhassan submitted that her right to freedom was still subjected to public order, public health and morality by virtue of Article 11 (5) of the Federal Constitution.

He argued the Home Minister had clearly explained in his affidavit that the withholding of eight Christian compact discs (CDs) belonging to Bill at the Low-Cost Carrier Terminal (LCCT) in Sepang in 2008 was made pursuant to a government’s directive and a special directive on grounds of public security and public order.

“The decision made by the minister in withholding the eight CDs did not infringe any of her fundamental rights guaranteed under Article 8 (equality before the law) and 11 of the Federal Constitution (freedom of religion).

“Bill still enjoys her fundamental rights within the meaning of the Federal Constitution, said Shamsul in the Home Ministry and the government’s appeal seeking the appellate court to set aside a Kuala Lumpur High Court’s order to return the CDs to Bill, a Melanau.

Shamsul said the seizure of the CDs was on the directive of the Home Minister and not Customs Department officer Suzanah Muin who was merely carrying out the minister’s administrative order.

The Home Minister had acted legally, rationally and reasonably in his decision and that his decision was a preventive measure to ensure public safety and public order in the country.

“As the minister in charge of home security and public order, he need not wait for violence to break out before exercising his discretion to prevent such violence to maintain public order and security,” he added.

Questioned by Justice Datuk Seri Zakaria Sam, one of three judges on the panel, on whether the minister had considered the CDs contained one title each which was for Bill’s own use, Shamsul said: “It could be for her own use but at the same time we also cannot rule out copies of the CDs could have been made.”

Meanwhile, Bill’s counsel Lim Heng Seng submitted the decision to seize the CDs was irrational as his client and her tribal group and other native Bumiputra Christians of Sabah and Sarawak had been using the term “Allah” for generations without any confusion, religious sensitivity or threat to public order.

He said Bill’s religious rights was not limited only to the freedom to profess but also to practice her religion.

Lim said the Home Minister’s decision to seize Bill’s CDs was unconstitutional and violated her right to freedom of religion guaranteed under the Constitution.

He added Suzanah had acted on her own to seize the CD and that Bill was not given her right to be heard and the opportunity to rebut the wrong views of Suzanah over her action.

On July 21, last year, the Kuala Lumpur High Court ordered the return of the CDs to Bill.

Bill is cross-appealing against the High Court’s decision in not granting the declaratory relief sought by her.

On May 11, 2008, the CDs bearing titles such as ‘Cara Hidup Dalam Kerajaan Allah”, “Hidup Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam Kerajaan Allah, were seized from Bill after she disembarked from a flight.

She subsequently filed a judicial review application on Aug 20, 2008 seeking for the return of the CDs as well as declaratory reliefs.

Justice Datuk Tengku Maimun Tuan Mat who chaired the three-member panel deferred their decision in the appeal to a date to be fixed.

The other judge presiding on the panel was Datuk Abang Iskandar Abang Hashim.