Octogenarian Kassim Ahmad has managed to obtain a stay from the Kuala Lumpur High Court today, over its decision to dismiss his judicial review application to declare his arrest and charge illegal.

Following this, Justice Asmabi Mohamad has also allowed for a stay of the Syariah High Court proceeding, which was scheduled to be held in Putrajaya today.

This comes after the court decided to allow Kassim's lawyer Rosli Dahlan's ( right ) application for a stay of its decision today.

It was reported last week that Kassim failed to have his judicial review to declare the arrest and the three charges he faced, as illegal and unconstitutional.

In dismissing the judicial review, Justice Asmabi said Kassim should try and seek remedy at the Syariah High Court and the Syariah Court of Appeal, as they have supervisory and revisionary powers as stipulated under Section 51 of the Administration of Islamic Law (Federal Territories) Act 1993.

“There is remedy at those courts. Furthermore, the Syariah Court is the best place to adjudicate on offences over the precept of Islam,” she ruled.

Two charges of deriding Islam

Kassim was initially charged with two charges of deriding Islam at the Lower Syariah Court, but when the case was transferred to the Syariah High Court, another charge was imposed - but not read, after objections from Rosli.

He is charged under Section 7 and 9 of the Federal Territory Syariah Offences Act, prompting the 81-year-old to challenge the constitutionality of the charge and the illegality of the arrest.

The Federal Territory Islamic Department's (Jawi) only jurisdiction is said to be in the Federal Territory, but the Islamic body had went to Kedah to Kassim's ( left ) home in Kulim Baru to arrest him.

They then brought him to Penang, where they boarded a flight to the Kuala Lumpur International Airport in Sepang, Selangor.

Kassim named Minister in the Prime Minister's Department Jamil Khir Baharom, Jawi and its chief syariah prosecutor, and the federal government as respondents, following his arrest and charge.

The charge is related to a controversial talk he delivered in February last year, at a seminar organised by Yayasan Kepimpinan Perdana in Putrajaya.

Following today's stay order, the Syariah High Court has fixed Feb 16 for mention, pending the Court of Appeal's decision to hear the appeal over Kassim's judicial review.