September 17, 2012
It's Malaysia Day, Come Clean Hishamuddin
by Din Merican
Today is a open legal holiday in jubilee of Malaysia Day which fell on Sunday 16th September. Previously, Malaysia Day was comparatively unheard of nonetheless it might be equally, if not more, significant than Merdeka Day which is distinguished on each Aug 31.
Malaysia Day commemorates a establishment of a Federation of Malaysia on Sep 16, 1963 when Malaya, North Borneo (Sabah), Sarawak, as good as Singapore (Singapore became a republic on Aug 9, 1965) joined to form a republic which we know currently as Malaysia. Merdeka Day, on a alternative hand, usually signifies a independence of a States of Malaya (more similar to a Tanah Melayu) from British colonisation.
Malaysians have been a droll lot. The recent accepting given to Prince William as good as Kate Middleton exceeded a respect as good as deference given to a own Malaysian royalties. It is as if we have lost which Prince William represents British colonisation of Malaya of some 400 years.
But then, who can we censure when ever so often UMNO-BN distorts story for domestic mileage. Mat Sabu had questioned either a Bukit Kepong Incident should be saved since a Johor historians have given claimed which Mat Indera was a true patriot in attacking a colonial police force in Bukit Kepong (see http://inderasipejuang.blogspot.com/). That combined an uproar as good as threats were finished opposite Mat Sabu to a indicate of wanting to assign him for sedition.
The UMNO spinmeisters afterwards went to work, especially TV3, to rewrite story by removing pro-UMNO Malay Professors to emanate academic edicts which Malaysia was never colonise! d. That is how prejudiced these academics were in traffic with this emanate which was incited in to a parody by Ezra Zaid in his Effing Show Sejarah Malaysia Revisited.
That is how prejudiced UMNO as good as Barisan Nasional are. Incidentally, Ezra Zaid is a owner of ZI Publication who was arrested as good as charged for edition a Malay version of a book by Irshad Manji - Allah Liberty & Love. That brings me to a ongoing case of a Jabatan Agama Wilayah Persekutuan ("JAWI") raid opposite Borders Bookstore as good as a persecution of a Malay store manager, Nik Raina Nik Aziz.
All of us have been right divided wakeful which on May twenty-three 2012, JAWI went on a uproar 
raiding as good as seizing books from Borders Bookstore during a Gardens Mid-Valley. JAWI charged during Borders as good as brought along a horde of cameramen as good as reporters from a Malay tabloids. The goal was obviously to embarrass as good as humiliate Borders for offered books which JAWI regarded as "mencemar Hukum Syarak" (disrespectful of Islamic precepts).
JAWI afterwards realised which Borders is a company, as good as to illustrate could not be pronounced to be a Muslim, as good as a General Manager in assign of merchandising, Mr Stephen Fung, is a Chinese Christian. Now, this acted a complaint since JAWI can usually action opposite as good as prosecute Muslims. Also, nonetheless a Syariah Court has no powers over non-Muslims, JAWI had already issued assorted orders opposite a non-Muslim staff of Borders.
To make matters worse, a Minister of Home Affairs had not yet declared a anathema on a book underneath s.7 of a Printing, Presses as good a! s Public ation Act ("PPPA"). The anathema was usually announced 6 days after on May 29, but a bulletin was usually published 3 weeks after on Jun 14. Adding to JAWI's complaint was a actuality which JAWI had additionally lost to bulletin any fatwa underneath s. 34 of a Syariah Act to declare which a book was regarded as undesirable to Islam.
With all these problems, a single would have thought which JAWI would behind down as good as travel divided with a tails in between a legs. But not JAWI. They have been a religious authority as good as God's deputy on a face of this earth. They need to strengthen God as good as God's sacrament as good as doing so is their God sworn duty their jihad.
They needed a scapegoat. So they found a single in Nik Raina Nik Aziz (left) whose usually impiety was which she happened to be a many comparison Malay-Muslim staff on duty which day. So that's how Nik Raina was held in a eye of this storm. All usually since JAWI, as God's representative, cannot be seen to be fallible. The assign finished opposite Nik Raina meant which she faces a possibility of being fined, or imprisoned up to dual years.
JAWI proposes a Deal to save face
Borders commercial operation advisers were informed which JAWI would accept a understanding to levy a smallest chastisement if Nik Raina would plead guilty as good as matters could come to an end. But, apparently, Vincent Tan's son, Dato' Robin Tan, felt which this was unfair. He would not concede his worker to be finished a sacrificial lamb. Kudos to Dato' Robin Tan, this augurs good for a Berjaya Group when a second era owners show they have beliefs as good as values.
Faced with this dilemma, Borders sought out Syariah lawyers who could credibly defend Borders as good as Nik! Raina i n both a Civil Courts as good as a Syariah Courts. Apparently, there have been not which many lawyers who have been friendly with as good as competent in both courts. Enter my friend Lawyer Rosli Dahlan. Fresh from his own baptism of glow where he scored acquittals as good as successes opposite Attorney-General (A-G) Gani Patail, Rosli is right divided picking up a cudgels opposite a all absolute Ketua Pendakwa Syarie (Syariah Chief Prosecutor) to defend Nik Raina.
I cautioned Rosli (above) in my earlier writings about fighting on as well many battle fronts, but it seems Rosli has his mind clear which this is an unfair persecution as good as he will fight this religious hypocrisy as well. Rosli is some-more than competent to do so. He is from a first collection of a International Islamic University (IIU). He was educated in a law by nothing alternative than a late Professor Emeritus Tan Sri Ahmad Ibrahim, a architect of Islamic law in Malaysia. So, for Rosli to take on JAWI as good as a Syariah Chief Prosecutor must meant which he saw something fundamentally wrong in this total episode.
Hishamuddin Wakes Up as good as Swears an Affidavit
What we found many startling was a actuality which a Minister of Home Affairs (KDN), Hishamuddin Hussein Onn, had remained indifferent. After some-more than dual months of silence, Hishammuddin suddenly woke up from his doze to swear an confirmation which would startle all Malaysians.
Hishammuddin is right divided! observa nt which JAWI is some-more absolute than a Home Affairs Ministry. The Minister is observant which JAWI does not need to wait for for a anathema prior to it can enforce a Syariah Criminal Offences Act on books discordant to Islam.
He is observant which JAWI can action without regard to KDN as good as without there being a Fatwa. By his action, a Minister is observant which a Syariah Court prevails over a Civil Courts.
This equates to which everybody in Malaysia ought to know about Islam in any case either they have been Muslim or not. Hshammudduin is observant which Nik Raina must be persecuted during all cost since JAWI says so as good as Hishammudin does not have a domestic bravery as good as a personal self-assurance to put things right. Read Hishamudin's Affidavit below.
I find this many discouraging when a Home Minister can be suggested by A-G Gani Patail to swear such an affidavit. The confirmation is prejudiced as good as calculated to usually await as good as countenance JAWI's actions. we call on Hishammuddin, A-G Gani Patail as good as a Chief Syariah Prosecutor to learn from a piety of Singapore's Prosecutor, Glenn Knight, to confess when we have finished wrong (http://thestar.com.my/news/story.asp?file=/2012/9/11/nation/12002560&sec=nation).
It is so plain as good as obvious which this is a prejudiced affidavit. It is shocking which Hishammuddin who is himself a counsel could not see that. Either he signs KDN's papers blindly or he is as prejudiced as a essence of which affidavit. Regardless, it wouldn't be as well late for Hishammuddin to come purify as good as confess his mistake. Just censure it on bad advice by A-G.
Also, we find it an irony which Rosli is fighting this case opposite KDN Hishammuddin when his own name card carries a name Lee Hishammuddin Allen & Gledhill. The same Hishammuddin. Perhaps, a organisatio! n is bet ter off dropping Hishammudin's name.
As we celebrate a nationhood on Malaysia Day, a people expect some probity as good as integrity from a supervision leaders. Freedom of religion, countenance as good as a people's right must be respected as good as inspected as not long ago reminded by Bishop Cornelius Piong of Sabah to a powers which be in Putrajaya. Read this: (http://www.themalaysianinsider.com/malaysia/article/on-malaysia-day-sabah-bishop-reminds-putrajaya-of-keningau-oath-stone-pledges/).
Ignore which as good as a people of Malaysia, not usually Tanah Melayu, will punish we during a next GE 13!
ENGLISH TRANSLATION
DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR
(BAHAGIAN RAYUAN DAN KUASA-KUASA KHAS)
PERMOHONAN BAGI SEMAKAN KEHAKIMAN NO: R2-25-137-06/2012
Dalam perkara menurut Fasal 5, 7, dan 121(1) Perlembagaan Persekutuan;
Dan
Dalam perkara Akta Mesin Cetak dan Penerbitan 1984 dan Warta Kerajaaan P.U.(A) 162 mengenai Perintah Mesin Cetak dan Penerbitan (Kawalan Hasil Penerbitan Tidak Diingini) (No.3) 2012 bertarikh 29/5/2012;
Dan
Dalam perkara Borders Bookstore yang dimiliki oleh Berjaya Books Sdn Bhd, sebuah syarikat yang diperbadankan di bawah Akta Syarikat 1965;
Dan
Dalam perkara Serbuan dan Rampasan di Borders Bookstore pada 23/05/2012 oleh pegawai-pegawai Jabatan Agama Wilayah Persekutuan ("JAWI");
Dan
Dalam perkara di bawah Akta Kesalahan Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997 yang hanya terpakai kepada orang Islam;
Dan
Dalam perkara Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993 yang hanya terpakai kepada ora! ng Islam ;
Dan
Dalam perkara mengenai Perintah Hadir Memberi Keterangan bertarikh 23/5/2012 kepada pekerja-pekerja Borders yang beragama Islam dan bukan Islam di bawah s. 58(1) Akta Prosedur Jenayah Syariah (Wilayah-Wilayah Persekutuan) 1997;
Dan
Dalam perkara Tangkapan keatas pekerja Borders Bookstore bernama Nik Raina Binti Nik Abdul Aziz pada 30/5/2012 dan Bon Diri untuk pendakwaan di Mahkamah Syariah pada 19/6/2012;
Dan
Dalam perkara Semakan Kehakiman menurut Aturan 53 dan Aturan 92 Kaedah-kaedah Mahkamah Tinggi 1980;
Antara
1. Berjaya Books Sdn. Bhd.
2. Stephen Fung Wye Keong
3. Nik Raina Binti Nik Abdul Aziz Pemohon-Pemohon
Dan
1. Jabatan Agama Islam Wilayah Persekutuan
2. Menteri Dalam Negeri
3. Menteri Di Jabatan Perdana Menteri
(Hal Ehwal Agama Islam) Responden-Responden
AFFIDAVIT IN REPLY OF THE RESPONDENTS
I, Dato' Seri Hishammuddin garbage garbage bin Tun Hussein (IC No: 610805-10-5861), a Malaysian citizen of age as good as whose residence is during a Ministry of Home Affairs, Aras twelve Blok D1, Kompleks D, Pusat Pentadbiran Kerajaan Persekutuan 62546 Putrajaya, hereby affirm as good as state as follows:
I am a Minister of Home Affairs, which is a Second Respondent in this action as good as we have all knowledge, report as good as access to a applicable papers as good as we am competent to affirm this Affidavit in Reply on interest of a Second Respondent.
I find leave of this Honourable Court to refer to a Application for Judicial Review antiquated eighteen Jun 2012, a Statement Filed Pursuant to Order 53 r 3 (2) of a Rules of High Court 1980 antiq! uated ei ghteen Jun 2012 as good as a Affidavit of Stephen Fung Wye Keong which was endorsed on eighteen Jun 2012 as good as (hereafter referred to as a "Applicant's Affidavit") which have all been filed in await of this application.
I have been suggested by a Senior Federal Counsel as good as just hold as good as state which any objection towards a assign for an offence underneath Section thirteen of a Syariah Criminal Offences (Federal Territories) Act 1997 opposite a Third Respondent in a Wilayah Persekutuan Syariah Court is inside of a office of a Syariah Court as good as not underneath a office of this court.
In answer to Paragraph 6 of a Applicant's Affidavit, we have been suggested by a Senior Federal Counsel as good as just hold as good as state which any objections as to either a book is discordant to hukum syarak or differently is a matter which ought to be dynamic by a Syariah Court as good as not this Court in accordance with a supplies of Article 121 (1A) of a Federal Constitution.
I refer to divide 8.5 of a Applicant's Affidavit, we just state which JAWI's actions have been formed on a supplies of law underneath a Syariah Criminal Offences (Federal Territories) Act 1997, a Syariah Criminal Procedure (Federal Territories) Act 1997, a Syariah Court Evidence (Federal Territories) Act 1997 as good as a Administration of Islamic Law (Federal Territories) Act 1993. Therefore a Ministry of Home Affairs ("KDN") need not inform Borders about a breach of a pronounced book if JAWI intends to action formed on a supplies of a abovementioned laws.
I refer to a matter in divide 10.3 of a Applicant's Affidavit as good as state which although there had been no Prohibition Order on a date on which a book was confiscated by JAWI, JAWI is empowered to seize a book since a book had contravened Section thirteen of a Syariah Criminal Offences (Federal Territories) Act 1997. Seizure can be finished by JAWI underneath a applicable laws without any bre! ach orde r from KDN.
The Respondent denies a on top of matter in paragraphs 11.2 of a Applicant's Affidavit as good as states which JAWI's coercion actions have been formed on a supplies underneath a Syariah Criminal Offences (Federal Territories) Act 1997, a Syariah Criminal Procedure (Federal Territories) Act 1997, a Syariah Court Evidence (Federal Territories) Act 1997 as good as a Administration of Islamic Law (Federal Territories) Act 1993.
Paragraphs 12.1 (b), (k), (l), (m) of a Applicant's Affidavit have been denied. we state which all a actions of JAWI have been formed on a laws set out underneath a Syariah Criminal Offences (Federal Territories) Act 1997, a Syariah Criminal Procedure (Federal Territories) Act 1997, a Syariah Court Evidence (Federal Territories) Act 1997 as good as a Administration of Islamic Law (Federal Territories) Act 1993 as good as have been not actions which have been mala fide.
Based on a on top of statements, we hereby request for this Application for a Revision of a Judgment to be dismissed with costs.
Affirmed by Dato' Seri Hishammuddin garbage garbage bin Tun Hussein )
the abovenamed )
in Putrajaya on a 5th Sep ) Sgd
2012 during 10.00 am / pm )
Before me,
Sgd
.
Commissioner for Oaths
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