ZI Publications Sdn Bhd and its director Mohd Ezra Mohd Zaid have been given the nod by the Federal Court in Putrajaya today to challenge the constitutionality of a Selangor state religious enactment which restrict freedom of expression.

Chief Justice Arifin Zakaria presiding a five-member panel unanimously granted leave to the publishing company and Mohd Ezra who have filed a petition seeking the Federal Court to declare invalid Section 16 of the Syariah Criminal Enactment 1995.

Under Section 16 of the Enactment any person who prints, publishes, produces, records or disseminates or possesses any book or document for sale which were contrary to the Islamic law is said to have committed an offence which was punishable to a fine of not exceeding RM3,000 or a maximum two years’ jail or both upon conviction.

“It would be an interesting case to hear,” said the Chief Justice, who presided on the panel with Court of Appeal president Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Abdull Hamid Embong.

Meanwhile, the panel also allowed the federal government’s application to be intervener as the matter touched on the constitution and other federal laws.

NONE ZI Publications and Mohd Ezra ( left ) had filed a petition straight to the Federal Court pursuant to Article 4 (3) and Article (4) of the federal constitution and Article 128 (1) (a) of the federal constitution, naming the Selangor government as respondent.

They are seeking a declaration that Section 16 is unconstitutional on the grounds that the Selangor state legislature did not have the power to make that law.

ZI Publications and Mohd Ezra, who were represented by lawyer Malik Imtiaz Sarwar, said only Parliament could make laws that touched on fundamental rights.

The applicants (ZI Publication and Mohd Ezra) were seeking an opinion of the Federal Court on whether section 16 of the enactment was ultra vires Article 4, the supreme law of the federation.

azlan They also claim this section was ultra vires Article 10 that touched on freedom of speech, assembly and association.     

In May last year, ZI Publication published and translated a book in Bahasa Malaysia, a book originally authored in English entitled Allah, Kebebasan and Cinta ( Allah, Liberty and Love ) written by renowned author Irshad Manji.  

As a result Mohd Ezra, 30, was detained by officers from the enforcement division of the Selangor Religious Department on suspicion of committing a crime under Section 16 of the enactment and later charged in a Lower Syariah Court.

Mohd Ezra has claimed trial to three charges before the Syariah Court and the case will come up for mention next month.

The Selangor government was represented by its legal adviser Zauyah Be Loth Khan.

- Bernama