Rosli Dahlan, the lawyer representing scholar Kassim Ahmad, is in a quandary following complaints lodged by the Federal Territory Islamic Departnment (Jawi) to the Syarie Lawyers Committee.

 

This is over Rosli's letter dated June 13, which he and his firm wrote and sent to Prime Minister Najib Abdul Razak, and copies handed to Kedah menteri besar Mukhriz Mahathir and Jawi dated June 13, warning of a possible constitutional conflict if Jawi is allowed to continue prosecuting Kassim.

He alleged that Jawi's action in arresting Kassim ( left ) in Kedah, without informing the authorities there and bringing him back to the capital, may constitute a violation as Kedah has its own religious department and what he said was not declared illegal in that state.

 

Following the PM and Mukhriz not looking into that possible violation, the scholar filed a judicial review application at the civil High Court contending the charge.

 

Jawi's chief prosecutor then complained in a letter sent to the committee on July 8, that this could be deemed as interference against Kassim's prosecution.

 

Jawi's letter to the committee was sighted by Malaysiakini where it issued a show-cause letter dated Aug 14, asking Rosli to explain his conduct in issuing the letter to Najib and Mukhriz.

 

Conflict of interest

Checks on the web on the committee revealed its members included the chief syarie judge, the attorney-general or his representative and the chief Jawi syarie prosecuting officer, two members appointed by the committee and a registrar.

 

As Jawi's chief prosecuting officer is also the complainant in the case, it may bring in conflict within the committee when it hears the application.

 

Rosli, who is a syarie lawyer since 1988 before the Administration of Islamic Law (Federal Territory) 1993 was enacted, also acted for Borders store manager Nik Raina Nik Abdul Aziz, where his opposite number is the Jawi chief prosecuting officer.

 

Hence, sources deemed the action by Jawi as also trying to stop Rosli from representing the two.

 

In the Borders case, the Kuala Lumpur High Court had struck out the Syariah charge where it is deemed unconstitutional as Jawi had taken action on Nik Raina before the book by Canadian author 'Allah, Liberty and Love', was banned.

 

The Borders matter is still pending decision at the Court of Appeal following Jawi's appeal.