Book ban to prevent legitimate criticism, court told

The home minister's discretion to ban the book titled ‘Muslim Women and the Challenge of Islamic Extremism’ is flawed and illegal, the High Court heard today.

Counsel K Shanmuga ( left ), representing Sisters In Islam (SIS) Forum Malaysia which is acting as an applicant for a judicial review or ban, argued that the order was 'ultra vires' Section 7 of the Printing Presses and Publications Act 1984 and inconsistent with Article 10(1)(a) of the Federal Constitution on the freedom of speech.

"It is submitted that even if it is considered that the respondent did in fact have the requisite jurisdiction and power to make the order for the reasons given, the exercise of the respondent's discretion in making the order was flawed and his decision was amendable to be quashed," he said.

The court in August allowed the application by SIS for a judicial review of the home minister's order to ban the said book, which was published in 2005.

SIS, which wanted the ban lifted, named the then home minister Syed Hamid Albar as the respondent.

The book is a collection of essays by activists and international intellectuals and was edited by sociologist Prof Norani Othman ( right ) of the Malaysian and International Studies Institute of Universiti Kebangsaan Malaysia.

No reasons given

SIS claimed that the ban on the book by Syed Hamid on Nov 5 last year was outside the ambit of the Printing Presses and Publications Act 1984 and contravened Article 8(2), 10(1)(a) and 11(4) of the Federal Constitution.

Shanmuga said the order was tainted by procedural impropriety and breached natural justice because no opportunity to be heard was given to SIS and no reasons were given when the ban was made.

"It is submitted that the order is clearly not designed to preserve public order but rather to prevent legitimate criticism of the way in which Islamic laws and the system of administration of Islamic personal laws are conducted in Malaysia and internationally," he said.

The proceedings before Judge Mohamad Ariff Md Yusof continues on Nov 18.

The home minister was represented by senior federal counsel Noor Hishamuddin Ismail.

- Bernama