October 20, 2012
The Nik Raina Case: Home Minister reneged upon his ministerial duties
by Hafiz Yatim@www.malaysiakini.com
Has Home Minister Hishammuddin Hussein reneged in his ministerial duties resulting in a Federal Territory Islamic Affairs Department's (JAWI) raiding Borders bookstore as well as a charging of a Muslim physical education instructor in a Syariah High Court for bootleg placement of a argumentative book?
Yes, argues Border's in a duplicate filed in a High Court in Kuala Lumpur upon Sep twenty-six to cross-examine Hishammuddin upon a matter.
The bookstore wants Hishammuddin upon a stand as it believes he has reneged upon his inherent duties as a Federal Minister.
This follows what it calls a Minister's try to behind a Jawi coercion unit's movement in seizing a argumentative book, 'Allah, Liberty as well as Love', created by Canadian writer Irshad Manji, as well as a Bahasa Malaysia translation, upon May twenty-three a week prior to a central anathema upon May 29.
The Home Minister in his Sep 5 affidavit to a High Court pronounced nonetheless there was no central anathema slapped upon a book a day it was confiscated, JAWI was empowered to do so as 'Allah, Liberty as well as Love' contravened Section 13 of a Syariah Criminal Offences (Federal Territories) Act 1997.
"Seizure can be done by JAWI under a applicable laws but any breach sequence from a Ministry," Hishammuddin states in his affidavit-in-reply to Borders original authorised examination duplicate to a High Court upon Jawi's physical condition of Manji's books.
Yau Su Peng (left), a arch operating military officer of Berjaya Books Sdn Bhd, which runs a Border's book chain, pronounced in a Sept twenty-six affidavit-in-reply to Hishammuddin which a apportion contingency be compelled to crop up in a High Court.
"This is for him to insist a laws relating to publications; a existent governmental practice with regard to coercion movement upon publications; as well as a internal administrative processes in between departments as well as government offices, generally as it concerns a eremite authority.
"We also wish to know a reasons as well as causes a Home Ministry had taboo a book via a government gazette antiquated May 29, 2012, as well as because a method had been asked by Jawi to prohibit a book days after a seizure," Yau says in her affidavit-in-reply performed by Malaysiakini.
Hishamuddin abdicated inherent duty
Yau, who binds a stand in grade in Law as well as Arts, as well as a Masters in Law from
Australia's Melbourne University, argued which Hishammuddin (right), in so doing, had unsuccessful to lift out his inherent duty.
She pointed out which counts concerning "the printing, import, production, reproduction, publishing, sale, issue, circulation, placement or possession of a publication" have not, as well as could not have been, supposing for in a Syariah Criminal Act.
"In fact, if a Syariah Criminal Offences Act had done such provisions, it would be ultra vires (beyond a powers of) a Federal Constitution. The supplies to a above, as well as i! n sold p rinting, are inside of a reach of a Home Minister.
"Hence, a in front of adopted by a Honourable Home Minister is unfortunate as well as amounts to an abdication of his inherent duties as well as responsibilities," she said.
Yau combined it was transparent which Borders being a sequence of bookstores with Stephen Fung as a General Manager, as well as Nik Raina Nik Abdul Aziz as Fung's subordinate, had no power over a preference of books to be sold.
She stressed which while a association did not object to a government sequence to anathema sure books, a authorised examination duplicate was to plea JAWI's actions opposite a store as well as a staff but a gazetted breach sequence coming in to force or a gazetted fatwa being issued.
"As such, a subject counts as well as issues which have been lifted contingency be motionless by a civil High Court as well as not by a Syariah Court. This is transparent from Article 121 of a constitution," Yau adds in her affidavit.
Nik Raina: I have no authority
Nik Raina, who was charged by JAWI as well as a celebration to a authorised examination application, pronounced she as store physical education instructor at a Mid-Valley branch of Borders had no management or responsibility over a publications displayed in a bookstore as this management was vested in Fung.
"At all material times, a book stock displayed comprises more than 200,000 unique titles. It would be impossible for a Borders employees to be able to review or scrutinize a essence of any of those books.
"Hence, a practice practical in Borders is which all books are insincere to be lawful as well as available in Malaysia until a breach sequence is released opposite a sold title. Only after being sensitive by a Home Ministry's breach sequence will Borders take steps to discontinue a sale."
She pronounced as store manager, she would execute any orders from Fung as well as Borders management with regard! to book prohibition.
Nik Raina (left) conceded which she does not have any specialisation in Islamic believe as well as hence, she was unable to establish if a announcement was discordant to a eremite law.
As a layperson, she has depended upon a Home Ministry's notices or a applicable state eremite authorities to surprise her upon such matters.
"Prior to this, JAWI, nor any of a state authorities, had since notice of breach orders or gazetted fatwa or any alternative notices which any of a publications are discordant to Islam," she said, adding Hishammuddin's confirmation ought to be discharged by a court.
"As JAWI cannot take to court Fung, it has caused authorised inequalities as well as has violated a principle which all persons are next to prior to a law as well as entitled to next to protection of a law," pronounced Nik Raina, who is Muslim.
The box will be heard prior to High Court judge Rohana Yusof upon Monday, Oct 22,2012.
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