The Federal Court today postponed to March 7 the government's leave application to reverse a Court of Appeal decision favouring academician Kassim Ahmad.

The leave application was by Minister in the Prime Minister's Department Jamil Khir Baharom, the Federal Territories Islamic Affairs Department (Jawi).

The leave application will now be heard before a different panel.

This was after one of the judges in the panel, Federal Cout judge Justice Ramly Ali decided to recuse himself.

Justice Ramly pointed out that his wife Justice Zaleha Yusof, had then decided at the High Court to dismiss the 84-year-old academician's leave application for a judicial review.

Justice Zaleha, is now a Court of Appeal judge.

Justice Ramly, who was the second member of the bench brought this to the attention of the parties in the case today.

Senior federal counsel Maisarah Jauhari told the court that she would like to seek further instructions from her superiors in the matter.

Maisarah is representing Jamil, the chief prosecutor of Jawi, Jawi, and the government,

This was despite Kassim's counsel, led by Rosli Dahlan stating he did not object to Justice Ramly being part of the panel.

Following this, Federal Court judge Justice Ahmad Ma'arop who was leading the panel along with Justice Aziah Ali decided to defer the case before another panel to March 7.

The two questions of law that would be posed by Jamil Khir and the three others are:

  • Whether the civil courts can review or cancel the prosecution done in a Syariah Court when the purported offence is against hukum syarak (Islamic precepts); and
  • Whether the circumstances of an investigation or arrest process of an offence that was not carried out in compliance with the procedures laid down in the relevant statute, would render the charge defective.

It was reported that Kassim was charged at the Putrajaya Syariah High Court with three counts of deriding Islam and a charge concerning breaking a fatwa following a talk he held in Putrajaya three years ago.

He tried to challenge the charge at the civil High Court but failed where the court ruled that his remedy could only be found at the Syariah Court.

On appeal at the Court of Appeal, the octogenarian's arrest where he was taken from his home in Kulim, Kedah, and brought here to be charged was declared illegal and the arrest was ruled to be null and void.

Following that, the Court of Appeal also held that his arrest, detention and prosecution was null and void.