ZI Publications Sdn Bhd and its director Mohd Ezra Mohd Zaid filed a judicial review application at the Kuala Lumpur High Court yesterday to challenge the authorities’ seizure of the translation of the Irshad Manji’s book Allah, Liberty and Love , saying its seizure is a violation of freedom of expression.

Both of them named the Selangor Islamic Affairs Department (Jais), its director-general, its chief enforcement officer, its chief prosecutor, and the Selangor and Malaysian governments as respondents.

This is the second judicial review application related to the book as last month, Berjaya Books Sdn Bhd, which runs the Borders book store filed its application following the Federal Territory Islamic Department’s prosecution on store manager Nik Raina Nik Abdul Aziz at the KL Syariah High court.

ZI Publications, based at Megan Avenue, Kuala Lumpur, claims that as the publisher of the 388-page translated book, it had been on the market since May 19. The book’s English version has been on the market since June last year.

On May 29, the authorities raided and seized the book from ZI Publications’ premises in Tropicana, Petaling Jaya. Its action in seizing 180 copies was based on a warrant dated a day earlier.

The authorities had also arrested Ezra that same day with the purpose of charging him for wrongfully printing a religious book. The two plaintiffs claimed that the action against Ezra was done in bad faith and malicious, as it was uncertain then whether the director would be held overnight.

On May 31, they authorities summoned two other individuals, Ertiena Eliena Paharudin and Masrum Dayat, to take their statements.

No jurisdiction

ZI Publications and Ezra claimed that Jais and its officials had no jurisdiction to enter into its premise as being a company, the authorities can only take action on Mulims. Furthermore, the warrant is for a search but they do not have the authority to seize the books.

Ezra also claimed that his arrest is a violation of his constitutional rights of freedom of expression, which can only be limited by the parliament and not the Selangor legislative assembly. He also alleged that section 16(1) of the Selangor Syariah Criminal Offences Enactment is ultra vires of the federal constitution regarding freedom of expression.

Alternatively, they claimed the seizure is a violation of freedom of religion, and that since there is a federal law limiting the freedom of expression based on the Publications and Printing Presses Act, that the Syariah Criminal Offences Enactment, a state law, is seen as inconsistent with the federal constitution.

The two plaintiff sought a declaration that section 16 of the enactment is null and void, as it violates the federal constitution regarding freedom of expression. They are also seeking a certiorari order to quash the actions by the authorities in raiding, seizing the books, and arrest.

ZI Publications and Ezra are also seeking a mandamus order to compel the authorities to return the books and cancel the arrest order.

Furthermore, they are seeking a declaration that the Syariah Criminal Offences Enactment and the Syariah Criminal Procedure Code are only applicable to Muslims and not companies.

They further contended that the Syariah Criminal Offences law does not criminalise acts of book translations and based on Article 121(1), the proper forum to interpret the PPPA on the enactment is the civil High Court and not the Syariah courts.

The two are also seeking a stop of the Jais action until the disposal of this judicial review application and other relief deemed necessary by the court.