July 31, 2012
Kuala Lumpur High Court grants Interim Stay to ZI Publications
by Hafiz Yatim@www.malaysiakini.com
The Kuala Lumpur High Court has granted an halt stay preventing Jabatan Agama Islam Selangor (JAIS) from questioning as well as prosecuting ZI Publications as well as a executive Mohd Ezra Mohd Zaid.
Ezra is scheduled to report prior to a Syariah Lower Court tomorrow as he has been asked by a authorities to do so.Following today's development, a Syariah Court is not expected to assign Mohd Ezra tomorrow.
Judge Rohana Yusuf additionally granted ZI Publications as well as Ezra leave to beginner a legal examination opposite a physical condition of a book Allah, Liberty as well as Love by Manji Irshad.
Following a halt stay granted today, ZI Publications has seven days to file an inter-party stay.
This is because a Selangor government, which is named as a single of a respondents, in a legal examination duplicate was not represented in today's proceedings.
It should have been represented by a Selangor authorised adviser. The justice additionally ordered a Selangor government to file a full legal examination duplicate as soon as possible.
The justice additionally bound Sep 5 to hear a legal examination duplicate of Erza as well as ZI Publications.
Lawyers Malik Imtiaz Sarwar, K Shanmuga as well as Nizam Bashir who appeared for ZI Publications as well as Senior Federal Counsel Nor Hisham Ismail who represented a Federal Government met with Justice Rohana in her chambers.
ZI Publications as well as Mohd Ezra has named JAIS, a Director-General, a Chief Enforcement Officer, a Syariah Chief Prosecutor as well as a Selangor as well as ! Malaysia n governments as respondents.
Unlike a bookseller Border's case, Ezra is nonetheless to be charged with any offence, resulting in a justice extenuation a temporary stay.
In a case of Borders, owned by Berjaya Books Sdn Bhd, a store manager Nik Raina Nik Abdul Aziz was been charged during a Kuala Lumpur Syariah Court final month for allegedly distributing materials which go opposite Islamic teachings.
'Jais had no office to come in premises'
In a application filed progressing this month, ZI Publications as well as Ezra claimed which Jais as well as a officers had no office to come in into their premises upon May 29, as it was a company as well as a authorities could only take movement opposite Muslims.
Furthermore, a warrant is for a poke as well as as a result JAIS as well as a officers do not have a authority to seize a books. Ezra serve claimed his arrest violated his constitutional right to leisure of expression, which could only be limited by Parliament as well as not by a Selangor legislative assembly. He additionally claimed Section 16(1) of a Selangor Syariah Criminal Offences Enactment was ultra vires a Federal Constitution upon a leisure of expression.
Alternatively, Erza as well as ZI Publications claimed a physical condition of a books was a defilement of a leisure of religion.
Since there is a sovereign law limiting a leisure of countenance based upon a Publications as well as Printing Presses Act (PPPA), a Syariah Criminal Offences Enactment, a state law, is, therefore, inconsistent with a Federal Constitution.
The two plaintiffs sought a stipulation ! which Se ction sixteen of a dramatization is nothing as well as void as it violates a sovereign constitution upon a leisure of expression. They are additionally looking an sequence of certiorari to stifle a actions of a authorities in raiding, seizing a books as well as arresting.
Ezra as well as ZI Publications are additionally looking a writ of mandamus to compel a authorities to lapse a books as well as cancel a arrest order. Furthermore, they are looking a stipulation which a Syariah Criminal Offences Enactment as well as a Syariah Criminal Procedure Code are only germane to Muslims as well as not to companies.
They serve say which a Syariah Criminal Offences law does not criminalise acts of book translations as well as based upon Article 121(1), a proper forum to appreciate a PPPA upon a dramatization is a polite dais of a High Court, not a syariah court.
The two are additionally looking a stop to any JAIS movement until a ordering of their legal examination duplicate as well as alternative relief deemed required by a court.
They additionally filed a legal examination looking to lift a anathema upon a book as well as his matter has been bound for hearing upon Aug 13.
Read More @ SourceMore Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
No comments:
Post a Comment