Controversial scholar Kassim Ahmad could face the prospect of having his syariah charge trial going ahead on Monday, without the presence of his lead counsel who will be occupied in another matter.

This is if the objection of the Federal Territory Islamic Department (Jawi) prosecutor to the plea for the trial to be postponed is accepted.

Jawi raised the objection despite the Court of Appeal ordering the High Court in Kuala Lumpur to hear Kassim's judicial review application to strike out the syariah charge on its merits next month.

The octogenarian's lawyer had on Oct 3 written to Syariah High Court judge Azzeman Omar, pointing out that in the proceeding last July to fix the trial date, the syariah court had done so without the presence of Kassim's lawyers.

Kassim's lawyer was that same day attending to Kassim's appeal for leave for a judicial review application before the Court of Appeal.

The three-member panel of the Court of Appeal then gave permission for Kassim's judicial review to be heard in the High Court in Kuala Lumpur.

The appellate court ruled it has jurisdiction to hear matters pertaining to questionable actions by Islamic religious authorities.

The law firm of Lee Hishammuddin Allen and Gledhill had written to Justice Azzeman on Oct 3 to inform that the Oct 20 date was not suitable as Kassim's lawyer Rosli Dahlan ( right ) had another matter before the civil High Court and that Deepavali falls on Oct 22.

In the letter, the Syariah High Court was also informed that the High Court in KL had fixed Nov 18 to hear the merits of Kassim's judicial review application.

The firm had asked the Syariah High Court to consider postponing the matter until the disposal of the judicial review application in the civil High Court. A copy of the letter was also sent to the Jawi prosecutors.

Jawi objects to postponement

The Jawi prosecutors in their Oct 14 reply to Kassim's plea for the postponement simply stated that Jawi objected to the postponement request.

Kassim, 81, was charged in the Syariah High Court in Putrajaya on March 27 for with deriding Islam, under Section 7(b) of the Syariah Offences (Federal Territories) Enactment 1997, in a talk at a Yayasan Kepimpinan Perdana seminar that was organised by former prime minister Dr Mahathir Mohamad in Putrajaya in February.

The scholar is charged with stating that people appear to idolise Prophet Muhammad and that the aurat of a woman does not include her hair.

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

On May 6, the authorities levelled another charge against Kassim, but the charge was not read out in court when his plea was recorded.

In his judicial review application, Kassim is seeking several declarations: to quash the actions taken by Jawi, which includes the issue of the warrant of arrest against him; to set aside the charges he faces; to compel Jawi to give him the relevant documents pertaining to the charge; and to stop the authorities from prosecuting him.

He also sought a declaration that Jawi’s action was contrary to the Federal Constitution and a declaration that the Federal Territory fatwa is only applicable to those who live there and not in Kedah, where he lives.

Should the Syariah High Court case proceed, it may cause a clash over syariah and civil court jurisdictions on the matter.