The Court of Appeal today has disallowed the Selangor Islamic Council (Mais) from intervening in the appeal by ZI Publications Sdn Bhd on a judicial review application.

This is over the challenge by the company and its director Ezra Zaid on the raid carried out by the Selangor Islamic Department (Jais) in the seizure of translated copies of the book "Allah, Kebebasan dan Cinta", authored by Irshad Manji.

The three-member bench led by Justice Tengku Maimun Tuan Mat however ruled that Mais can raise their concerns on the matter through Jais and the Selangor government's counsel, Nik Suhaimi Nik Sulaiman.

The other members of the bench were Justices Abdul Rahman Sebli and Zaleha Yusof.

Mais, which was represented by Alif Ridhwan Mohd Yusof, applied to intervene as a party but this was objected by ZI Publications' lawyers, Surendra Ananth and Farhan Haziq.

Surendra said as Mais did not apply to be an intervener at the High Court stage, thus it cannot apply to be an intervener at the appellate court.

Furthermore, he added, the application by Mais to intervene was not proper as it should be made under Order 56, instead of Order 15 Rules of Court on judicial review application.

Outside the court, Surendra said the appeal proper for ZI Publications would be heard on April 26 at the Court of Appeal.

It was reported seven months ago that the Kuala Lumpur High Court had dismissed ZI Publications' judicial review application to challenge the raid, seizure and charge after allowing a preliminary objection by Jais, its director-general, Jais enforcement chief, Selangor Syarie prosecution chief, Selangor government and the Malaysian government.

Justice Hanipah Farikullah ruled that the case had been decided following a ruling by the Federal Court.

The apex court had two years ago ruled in the Zi Publications case that Section 16 of the Selangor Syariah Offences Enactment was valid law as it did not contravene Article 10 of the Federal Constitution on freedom of expression.

"It had to be read harmoniously with Article 3(1) on Islam as the religion of the federation, Article 74(2) regarding Ninth Schedule powers of the state to enact state laws, and Article 121(1)(a) on the syariah courts. With this we dismiss the appeal," the judge had said.

The Federal Court said the purpose of the Selangor state legislative assembly to enact Section 16 was clear and that was to control religious publications which are contrary to Islam.

Surendra said despite the apex court's decision, the judicial review should have been heard on its merits after leave was granted as the Federal Court's decision was not on the legality of the raid, the arrest and charge, but on Section 16, on which Ezra was charged.