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Court dismisses Khalid Samad's judicial review appeal

The Court of Appeal in Putrajaya today dismissed Shah Alam Member of Parliament Khalid Abdul Samad's appeal to obtain leave to initiate a judicial review to challenge the constitutionality of a provision of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

Justice Vernon Ong Lam Kiat, who chaired a three-member panel, said the court agreed with senior federal counsel Suzana Atan's submission that the matter should be pursued straight to the Federal Court and it should not be filed by way of a judicial review at the High Court.

He dismissed Khalid's appeal with no order on costs.

Khalid was charged at the Klang Syariah subordinate Court with an offence of teaching without valid credentials at Surau Taman Semanta, Klang on Aug 16, 2011, under Section 119 of the Enactment.

The Syariah Court had ordered Khalid to enter his defence after the court ruled that the prosecution had established a prima facie case against him.

Khalid then applied at the Shah Alam High Court for leave to initiate a judicial review to challenge the constitutionality of the provision in which he was charged, claiming section 119 contravened Article 11 (1) and Article 4 of the Federal Constitution.

He named the Selangor Islamic Religious Council (Mais) as respondent in his application to seek leave to commence the judicial review.

Khalid sought for a certiorari order to quash the charge preferred on him and a prohibitory order to stop Mais from proceeding with the prosecution against him in the Syariah Court.

On March 28, this year, the Shah Alam High Court refused to grant Khalid leave to commence a judicial review on the grounds that the application was frivolous, vexatious and intended to delay his (Khalid's) trial in the Syariah Court.

Earlier Khalid's lawyer Nadzratun Naim Hammad Azizi submitted that the matter should not have gone straight to the Federal Court because her client was only challenging the constitutionality of the provision and not challenging the powers of the state legislative assembly.

Nadzratun Naim was assisted by lawyer Sharifah Nur Asmaa' Syed Azman.

Suzana, who appeared for Mais argued that Khalid should have utilised Article 4 (3) and Article 4 (4) of the Federal Constitution to first seek leave from a single Federal Court judge before pursing his legal challenge in the Federal Court.

- Bernama

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