Kassim Ahmad challenges prosecution's decision

KUALA LUMPUR: Former political and social activist Dr Kassim Ahmad today filed an application for a judicial review to challenge the prosecution's decision to charge him of insulting Islam and disobeying orders of religious authorities.
Kassim, 81, who was present in court with his lawyer Abdullah Khubayb Awaluddin, filed the application in the office of the Registrar of the Court of Appeal and Special Powers through Messrs Lee Hishammuddin Allen & Gledhill.
He named the Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom, Federal Territories Chief Syarie Prosecutor Ibrahim Deris, Federal Territories Religious Department (Jawi), and the Malaysian government as respondents.
In his application, Kassim applied, among others, for a writ of certiorari order to strike out the decision of the chief syarie prosecutor on March 27 to prosecute him with insulting Islam and disobeying orders of Islamic religious authorities at the Syariah High Court in Putrajaya.
He also requested that his case proceedings in the Syariah High Court be suspended pending the decision of the judicial review.
Kassim also applied for an order to cancel the action and decision of Jawi enforcement officers who raided, ransacked and seized his publication materials, as well as had inspected, detained and removed him from Kedah to Federal Territories.
He also applied for an order to cancel any arrest, search and confiscation warrants and bond attached thereto; a declaration that the action of Jawi officers and the prosecution against him were ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Syariah Acts and Kedah Syariah Enactments; and a declaration that the offence of violating a fatwa (edict) issued in Federal Territories only applied to Federal Territory residents.
Meanwhile, Abdullah Khubayb told reporters that they had also filed the application for the case to be heard immediately. However, he said there no date was set by the court so far.
On March 27, Kassim pleaded not guilty to both charges at the Syariah High Court. The case is scheduled to be rementioned on July 17.
He was alleged to have committed the offences at the Seminar on Kassim Ahmad's Thoughts: An Evaluation of the Roadmap of the Malays and Malaysia For The Next 30 Years at the Perdana Leadership Foundation, Precinct 8, Putrajaya, on Feb 15 and 16.
The charge under Section 7 (b) of the Syariah Criminal Offences (Federal Territories) Act 1997 and Section 9 of the same Act, which carries a fine not exceeding RM3,000 or imprisonment not exceeding two years or both upon conviction. – Bernama