Book distributor Borders' bid to cross-examine Home Minister Hishammuddin Hussein on a judicial review application it filed challenging the Federal Territory Islamic Affairs Department's (Jawi) charge against a Borders store manager was rejected by the High Court in Kuala Lumpur today.

Berjaya Books Sdn Bhd, which operates the Borders bookstore chain, wants to cross-examine Hishammuddin, along with Minister in the Prime Minister's Department Jamil Khir Baharom and his deputy, Mashitah Ibrahim, on the "conflicting statements" in their affidavits.

NONE Judge Zaleha Yusof said the affidavits by the three ministers were sufficient.

"Hence, the application is dismissed," she ruled in chambers.

Jawi's action is said to be causing problems in the administration of justice because it seized the book, ‘Allah, Liberty and Love', and charged Borders store manager Nik Raina Nik Abdul Aziz ( on the left in picture above ) for distributing the book before it was officially banned.

Berjaya Books, its operations general manager Stephen Fung Wye Kong ( on the right ) and store manager Nik Raina filed a judicial review application last June challenging Jawi's action in prosecuting Nik Raina for distributing the controversial book authored by Canadian Irshad Manji.

The application to cross-examine Hishammuddin was filed last September as Borders wants Hishammuddin, Jamil and Mashitah to show the various documents that formed the basis for the banning of the book by the Home Ministry on May 29 last year, six days after the action taken by Jawi.

The book was seized on May 23 from the Borders bookstore at Gardens MidValley.

Nik Raina and Fung were investigated by Jawi for distributing the book and in June, Nik Raina was charged in the Kuala Lumpur Syariah High Court with distributing a banned book.

Borders: Hisham reneged on ministerial duties

Borders argued that the home minister had reneged on his ministerial duties, resulting in Jawi raiding the bookstore and seizing copies of 'Allah, Liberty and Love' despite the book only being officially banned later.

NONE Hishammuddin ( right ) in his affidavit backed Jawi's enforcement unit, saying that although there was no official ban slapped on the book the day it was confiscated, Jawi was empowered to do so as the book contravened Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997.

"Seizure can be made by Jawi under the applicable laws without the ministry's prohibition order," Hishammuddin states.

Borders, Fung and Nik Raina were represented by Rosli Dahlan at today's hearing, while senior federal counsel Effendi Nazila Daud appeared for the respondents.

Borders today submitted that the minister may not have personal knowledge of the affidavit he had affirmed and that Hishammuddin may have been confused that the judicial review be referred to the Syariah High Court.

It was also clear, the bookstore argued, that the minister in the Prime Minister's Department and his deputy had blamed the Home Ministry for delaying the banning of the book and that Hishammuddin could possibly not have stated the truth in the affidavit.

Rosli indicated that he would seek instructions from Berjaya Books on whether to appeal today's decision.