The High Court here today lifted the ban order imposed on a book, titled ‘Breaking The Silence: Voices Of Moderation - Islam In A Constitutional Democracy’, which was compiled by pro-moderation group G25.
Judge Nordin Hassan made the decision after allowing a judicial review application filed by G25 to challenge the ban order and set aside the then home minister’s decision in banning the book.
In the judgment, Justice Nordin said the minister must show basis of decision to ban the book as stated in the order.
"It is not mentioned in the affidavit of the minister, except that they rely on the opinion of Jabatan Kemajuan Islam Malaysia (Jakim)," he added.
Five G25 members, comprising G25 spokesperson Noor Farida Mohd Ariffin, 73; Zainuddeen Abdul Bahari, 75; Mohd Sheriff Mohd Kessim, 80; Latifah Osman Merican, 69; and Asma Abdullah, 71, filed the judicial review application in October 2017, and named then home minister Ahmad Zahid Hamidi as the respondent.
On Jan 9, 2018, G25 was granted leave to apply for a judicial review of the ban on the book.
The G25 members, represented by lawyer Malik Imtiaz Sarwar, had sought for a certiorari under Order 53, Rule 8 (2) of the Rules of Court 2012 to nullify the ban order, dated July 27, 2017, which was signed by the respondent.
The book, published in December 2015, was declared illegal by the Home Ministry on July 27, 2017.
The respondent was represented by senior federal counsel Jamilah Jamil.