Controversial author and Malaysiakini columnist Mohd Faizal Musa was granted leave (permission) by the High Court in Kuala Lumpur today to challenge the banning of four of his books by the Home Ministry.

The books, banned since last year, are ‘Sebongkah Batu di Kuala Berang’, ‘Karbala’, ‘Tiga Kali Seminggu’ and ‘Ingin Jadi Nasrallah’ and are said to be related to Shiite teachings.

The decision was made by Justice Asmabi Mohamad in her chambers.

In judicial review applications, there is a two-stage process where leave (permission) has to be gained to make sure the application is not frivolous and vexatious. Following that, the full application will be heard.

Faisal ( photo ), better known by his pen-name Faisal Tehrani, was represented today by lawyer Abdullah Abdul Rahman.

Faizal named the home affairs minister as the sole respondent.

He is seeking an order of certiorari order to quash the Home Ministry's decision to impose the ban on the books, dated Feb 12 this year.

The banning of the books was in accordance with Section 7(1) of the Printing Presses and Publications Act 1984.

According to Subsection 2 of Section 8 of the same Act, anyone found to have printed, imported, sold or in possession of the banned books in the country is liable to a jail term of not more than three years or a fine not exceeding RM20,000, or both.

Faizal is also seeking a declaration from the court that the order by the minister to ban the books is ultra vires Section 7 of the Printing Presses and Publications Act 1984.

The author is also seeking a declaration that the minister's order violates his constitutional right under Article 8(1), where all persons are equal before the law and entitled to the equal protection of the law, and Article 10 (1) (a), where everyone has the right to freedom of speech and expression, and other orders of relief by the court.