The Court of Appeal has today denied scholar Kassim Ahmad a stay to stop the Federal Territories Islamic Department’s (Jawi) action against the octogenarian for allegedly insulting Islam.

Court of Appeal president Md Raus Sharif said the panel unanimously disallowed a stay on the Kuala Lumpur High Court’s decision it did not have jurisdiction to hear the judicial review over the constitutionality of Jawi’s action against the 81-year-old.

However, Justice Md Raus allowed the hearing of the appeal on July 24.

The other two judges on the bench are Justice Linton Albert and Justice Mohtaruddin Baki.

Kassim was attempting to remove the charges he is facing at the Putrajaya Syariah High Court.

Lawyer Rosli Dahlan had expressed concern that the Syariah High Court may proceed with the trial against Kassim today as he had recieved a text message stating that it wants to proceed today.

Initially, Kassim’s case was fixed for mention at the Putrajaya Syariah High Court today.

However, the Syariah High Court has now fixed Oct 20 to 22 for hearing on Kassim's three charges.

Rosli today submitted that a stay should be allowed as a constitutional violation had been made following Jawi’s action in arresting Kassim in Kedah.

“I am merely asking Jawi and the chief syariah prosecutor to do the job properly. A citizen’s judicial review application must be allowed to be heard due to the numerous violations done not only between state-to-state laws but his fundamental liberties,” said Rosli, who was assisted by Bahari Yeow Abdullah.

‘There is nothing to stay’

Senior federal counsel Norhisham Ismail submitted that stay could be granted if permission for a judicial review was granted.

“In this matter, the High Court ruled he had no jurisdiction and Kassim’s application for leave was dismissed. There is nothing to stay,” he said.

Kassim named Minister in the Prime Minister’s Department Jamil Khir Baharom, the chief syariah prosecutor of the Federal Territories Islamic Affairs Department (Jawi), Jawi and the Malaysian government as respondents when he filed the judicial review on June 26, where he complained the Jawi authorities had broken down the door of his Kulim house in arresting him and bringing him back to KL.

He was charged on March 27 under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997 with deriding Islam during the Yayasan Kepimpinan Perdana seminar, organised by former premier Dr Mahathir Mohamad in Putrajaya in February, where he stated people appeared to idolise Prophet Muhammad and that the aurat of a woman does not include her hair.

On Monday, it was reported that the KL High Court judge Justice Zaleha Yusof hd dismissed Kassim’s application when it allowed the preliminary objection by the Attorney-General’s Chambers that it does not have jurisdiction .