Lawyers representing controversial scholar Kassim Ahmad are writing to Prime Minister Najib Abdul Razak seeking his intervention in Kassim's charges, to avert a constitutional clash.

The lawyers have also sent copies of the seven-page letter to Kedah Menteri Besar Mukhriz Mahathir ( right ) and Minister in the Prime Minister's Deparment Jamil Khir Baharom for further action.

This is to urge the PM and MB to uphold the federal and state constitutions to prevent the country from falling into chaos.

The letters were sent in light of recent cases where religious authorities are seen not to be abiding by government's advice, such as in the case of the Selangor Islamic Religious Council (Mais) refusing state request to release 321 copies of the Bible seized from the Bible Society of Malaysia.

On March 27, Kassim was charged under Section 7(b) of the Syariah Offences (Federal Territories) Act 1997 for deriding Islam during a seminar in Putrajaya in February.

He is accused of stating that people appear to idolise the Prophet Muhammad and that the aurat of a woman does not include her hair.

He was also charged under Section 9 of the same Act for violating the religious authorities' instructions in delivering those views and for citing two books he authored, which have been banned by the Federal Territories Islamic authorities.

Defying the judge's orders

In the letter, the firm of Lee, Hishmmuddin, Allen and Gledhill has given Najib, Mukhriz and Jamil until June 23 to intervene.

Failing which, the lawyers will said they will be forced to file a judicial review application against the syariah authorities at the civil High Court for their actions.

The letter was dated Friday, June 13, and sent to the PM, Mukhriz and Jamil the same day.

“As a law firm that upholds the principle of accountability, and concern over sensitive issues which could be raised during the trial that may upset the society, we hope to bring this matter to your attention to resolve the matter amicably and avert the problem from prolonging further,” the letter, sighted by Malaysiakini , reads.

“We hope that you could give an early reply by June 23, and if there is nothing forth with in reply we will be forced to file the judicial review application at the civil court to resolve the matter.”

This comes after Federal Territories Islamic Department (Jawi) the chief prosecutor did not respond to queries as to whether the charges against Kassim ( left, in picture ) will be dropped despite a representation sent on June 6.

The lawfirm has also not received vital documents regarding the charge despite their client's requests and Syariah High Court judge Azzeman Omar's order for Jawi's chief prosecutor to provide them.

In the seven-page letter, the firm also said that it sent two letters dated April 29 and May 21, seeking for documents to help the lawyers prepare the case.

However, in a letter dated May 26, the chief prosecutor replied by merely stating that Jawi has no intention to fulfill the request.

Despite being handicapped, the firm have submitted its written submission to the judge on May 27 as ordered by the judge.

In the last court session, the prosecution amended two charges against Kassim and added another charge against him, but the charges have not been read following an objection by his lawyers.

Azzeman fixed July 17 for decision on whether the charge against Kassim could be read in court.

The letter further warned that Jawi's action on the 81-year-old Kassim is deemed cruel by the public at large as the authorities came to arrest him in 13 vehicles, brought him back to Kuala Lumpur and interrogated him overnight.

It added that former premier Dr Mahathir Mohamad, who is Mukhriz's father, even admonished Jawi's prosecution as unnecessary and was present in court during the last session.

Conflicting jurisdiction

It also said that there is conflict of laws over the jurisdiction between the civil and syariah courts resulting in the constitutional clash, and religious authorities' in different states.

“Mukhriz enters into the picture as Jawi's action is on a Kedah citizen, where Kassim was brought to the Federal Territory, and this is in violation of Kedah state laws, as he is not a resident of Kuala Lumpur or Putrajaya within the Federal Territory, where else Kedah has its own state syariah laws and fatwa,” the letter states.

The firm also raised Jawi's questionable action in the seizure and action against Borders book store manager Nik Raina Nik Abdul Aziz ( left, in picture ), stating this had brought Jawi's action into disrepute.

This was when the High Court declared that it was unconstitutional as the book by Canadian write Irshad Manji had not at that point been banned.

“We are seeking an amicable solution in this matter through the intervention,” the letter said.