Borders bookstore manager Nik Raina Nik Abdul Aziz remains a free woman as the Federal Court today dismissed leave to appeal her acquittal by the High Court and Court of Appeal on a charge of distributing a book by controversial writer, Irshad Manji, which was deemed unIslamic.

The appeal, filed by the Federal Territory Islamic Department (Jawi) was heard by a three-member bench‎.

Chief Justice Arifin Zakaria dismissed the application for leave from Jawi and its chief prosecutor.

"This is a unanimous decision. The three questions put to us by the applicants (Jawi) do not pass the threshold of Section 96 a of the Court of Judicature Act and we therefore dismiss the application without costs," Justice Arifin said.

Under Section 96 (a) the apex court can grant leave if there is a novel question of law or one of public importance posed before it.

The judge said the decision of the High Court and Court of Appeal raised important issues of the law and that the Federal Court was not saying that the decisions (of the courts below) are right or wrong.

The three other judges sitting with him were Justices Suriyadi Halim Omar and Ahmad Ma'arop.

Nik Raina was granted a discharge not amounting to an acquittal at the Syariah High Court and Syariah Court of Appeal.

The raid on Borders bookstore was conducted by Jawi on March 22, 2012, during which its officers seized the book titled Allah, Liberty and Love authored by Irshad Manji. The ban on the book was only gazetted six days later.

Jawi had posed three questions of law before the Federal Court so as to obtain leave to hear the appeal. These are:

  • Whether the court in exercising its civil jurisdiction can review the prosecution of criminal cases, especially when the offence is against the precepts of Islam;

  • Whether enforcement action can be taken against a corporate entity incapable of professing a religion for an offence under syariah law; and

  • Whether an action by the religious authority that subsequently leads to a prosecution in the Syariah Court can be challenged and reviewed in the civil court.

    • 'Justice is served'

    The Court of Appeal on Dec 30 last year ruled that the raid conducted by Jawi on the Borders bookstore was irrational and it was unreasonable to seize the book.

    This followed the decision of the High Court in Kuala Lumpur, which allowed the judicial review application of Berjaya Books Sdn Bhd (which runs the Borders bookstore chain), its operations and merchandising general manager Stephen Fung Wye Keong and Nik Raina.

    Justice Suriyadi said there was noting before the court as Nik Raina had been granted a discharge not amounting to an acquittal, and syariah law does not apply to companies.

    Jawi was represented by senior federal counsel Shamsul Bolhassan while Berjaya Books and Nik Raina were represented by a team of lawyers led by Rosli Dahlan.

    When contacted, Nik Raina said she would like to thank the Federal Court judges for arriving at their decision.

    "Praise be to God that finally justice is served.

    "I hope Jawi will accept the facts and accept the decision, which shows there is no basis for it to proceed with this case," she said.