The movement taken by the Federal Territory Islamic Affairs Department (Jawi) opposite the Borders worker would be the exam box upon whether Section thirteen (1) of the Federal Territory Syariah Offences Act (FTSOA), is constitutional underneath Article 121 (1) (a) per the division of polite as good as syariah law.
This is since the FTSOA does not have any power to anathema the book as such power lies with the Publication as good as Printing Presses Act 1984 (PPPA).
To make counts worse for Jawi, they seized copies of Irshad Manji's controversial book 'Allah, Liberty as good as Love' during Borders upon May 23, 6 days prior to the Home Ministry gazetted the ban.Despite this, Jawihauledstore manager Nik Raina Nik Abdul Aziz to justice upon Tuesday as good as charged her underneath Section thirteen (1) with distributing the book during Borders The Gardens, Mid-Valley between 8.41pm as good as 9.45pm upon which day. She faces the judgment of the RM3,000 fine as good as two years prison or both, upon conviction.
Such is the complex unfolding of the ultimate rarely charged justice box faced by Borders, owned by Vincent Tan's Berjaya Books Sdn Bhd, in the Syariah Court as good as additionally in the polite court.
Berjaya Books has filed the judicial examination severe the legality of Jawi's actions in hauling up Nik Raina as good as non-Muslim staff to be faced with such the predicament, since there had been no indication by Jawi or the authorities which the book will be banned.
Berjaya Books had additionally sent letters dated June 5 to both Home Minister Hishammuddin Hussein as goo! d as Min ister in the Prime Minister's Department in charge of Islamic affairs Johari Bahrom. They claimed which both have reneged upon their avocation as good as pointed out this discrepancy, since such movement can usually be taken after the book is banned.
Malaysiakinihas gained steer of the judicial examination writings which were filed upon Monday, stating the constitutional plea opposite the powers-that-be.
Unfortunately this box would serve put Islam as good as Muslims in the bad light, following the overzealous movement by Jawi.
Berjaya Books, along with the assistant general manager (operations as good as merchandising) of Borders Stephen Fung Wye Keong as good as Nik Raina named J! awi, the home apportion as good as the apportion in the Prime Minister's Department in charge of Islamic affairs as respondents.
'Quash Jawi's actions'
In the application, they have been looking the certiorari (to quash) sequence opposite the Jawi officers' movement of raiding, searching as good as seizing copies of the books during the premises as good as inspecting the workers, including Fung as good as Nik Raina, as good as to compel them to produce records of their actions.
Besides this, they wish the stipulation which the FTSCO does not have supplies to forestall or anathema the publication as such supplies have been in the PPPA.
They additionally questioned why the home apportion as good as apportion in the Prime Minister's Department did not intervene in the May twenty-three incident when there was no anathema imposed as good as this, they claimed, showed the irresponsibility of the ministers in not dealing with the emanate which falls underneath their jurisdiction.
The 3 field have been additionally looking the stipulation to stifle the detain as good as down payment dated May thirty released upon Fung as good as Nik Raina. The field have been! additio nally looking the stipulation which usually Muslims have been firm underneath the FTSOA.
Fung, in his su! pporting affidavit, claimed which as the outcome of Jawi's actions, they have to find relief in the polite courts. He additionally pronounced which Jawi or other state religious authorities never sensitive Borders which receive of the book is opposite the law.
He claimed which Jawi additionally legalised non-Muslim staff including him. Syariah laws usually apply to Muslims. Hence there is the question of law whether FTSOA is applicable to non-Muslims as well. Borders had additionally dispatched letters to Jawi looking team-work upon the matter though was told during this theatre they do not understanding with any lawyers.
Fung as good as Nik Raina were then called to Jawi upon May thirty as good as claimed they were not treated good as they were denied legal representation. Being represented with the warn of your choice is protected underneath the sovereign constitution.
Fung pronounced he is the chairman responsible as good as with authority upon the books sole as good as displayed in Borders. He cannot face movement underneath FTSOA as the law does not apply to non-Muslims.
He claimed which Nik Raina was just the subordinate who does not have control or ownership in Borders, as good as which she was not authorised to name the books to be sole as good as does not have any knowledge over the books' contents. Fung additionally claimed which they sent the minute of illustration for consideration to Jawi's conduct of prosecution, though there had been no reply.
'Malicious prosecution'
On June 14, Fung received the call from Jawi's conduct of charge which they have been stability with the prosecution.
In his confirmation Fung claimed which there was antagonistic charge which saw the Muslim being wrongly prosecuted whilst there were attempts to! scare n on-Muslims. He claimed which the movement opposite Nik Raina were mala fide as Jawi could not take movement upon the company as good as him.
In justice documents, the field additionally claimed which such movement by Jawi resulted in non-Muslims being fearful of Muslims as they acted very severe as good as were not with regard to non-Muslims' human rights.
They claimed which Borders additionally occupy Malays as good as Muslims in the offered of their book sequence as good as such movement would outcome in Muslim workers being discriminated as movement is being taken upon them underneath FTSOA, which is applicable to Muslims though is not practical to non-Muslims.
Borders additionally released the press matter upon Tuesday nightdenouncingthe prosecution.
The box is bound for conference of leave duplicate upon Monday prior to Justice Rohana Yusof. Read More @ Source
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