The High Court today turned down the application of ZI Publications Sdn Bhd and its director Mohd Ezra Mohd Zaid for a judicial review to challenge the raid carried out by the Selangor Islamic Religious Department (Jais) to seize translated copies of the book, ‘Allah, Kebebasan dan Cinta’, authored by Irshad Manji.
Judge Datuk Hanipah Farikullah made the decision after allowing a preliminary objection by Jais, its director-general, Jais enforcement chief, Selangor Syarie prosecution chief, Selangor government and the Malaysian government as the respondents, who were represented by Selangor assistant legal adviser Naziah Mokhtar.
When contacted, counsel Fahri Azzat who represented ZI Publications and Mohd Ezra said the judge had agreed to the preliminary objection that the case had been decided on a question of law at the Federal Court.
He said the judge did not agree with the argument by ZI Publications and Mohd Ezra that what was decided by the Federal Court did not resolve the judicial review application.
On Sept 28 last year, the Federal Court had ruled that a provision in the Selangor state Syariah law criminalising Muslims for publishing and disseminating religious books that were against Islamic Law, is valid.
The Federal Court also ruled that it was within the powers of the Selangor state legislative assembly to legislate Section 16 of the the Syariah Criminal Enactment 1995 because it was an offence against the precepts of Islam.
The five-person panel also dismissed a petition brought by the applicants to challenge the validity of Section 16 of the Enactment under which Mohd Ezra, 33, was charged for in the Syariah Court.
ZI Publications and Mohd Ezra filed the application for a judicial review on July 9, 2012.
Among others, they applied for an order of certiorari to nullify the action by Jais officers who raided and confiscated 180 books on May 29, at ZI Publications located at B-2-19, Merchant Square, Jalan Tropicana Selatan 1, PJU 3, Petaling Jaya, Selangor.
Their application was also for the return of the seized 388-page books.
Besides that, they also applied for a certiorari order to nullify the arrest on May 29, and prosecution by Jais on Mohd Ezra.
They also applied for a declaration that Section 16 of the Syariah Criminal Enactment (Selangor) 1995, regarding investigations on Mohd Ezra, to be voided, claiming it was inconsistent with Article 10(1)(a) and 8(1) of the Federal Constitution.
Article 10 of the Federal Constitution is related to freedom of speech and expression, right to assemble peaceably and forming associations.
- Bernama
