Sept 22 hearing for govt’s case against Kassim Ahmad

PUTRAJAYA: The Federal Court will hear on Sept 22 the application for leave by the government and three others to appeal against a ruling involving a former social and political activist.

The applicants are seeking to overturn a Court of Appeal decision that the arrest and prosecution of Kassim Ahmad, for allegedly insulting Islam and defying Muslim authorities, were null and void.

Justice Tan Sri Zaharah Ibrahim fixed the date when the case came up for management today.

Senior federal counsel Maisarah Juhari acted for the four applicants, namely the government, Federal Territory Islamic Department (Jawi), Minister in the Prime Minister’s Department Jamil Khir Baharom, and the then Federal Territory shariah chief prosecutor.

Kassim was represented by counsel Muhammad Faizal Faiz Mohd Hasani.

On Dec 21, 2015, a Court of Appeal panel comprising Justice Datuk Vernon Ong Lam Kiat, Datuk Abdul Rahman Sebli and Datuk Hasnah Mohammed Hashim ruled that Kassim’s arrest and prosecution were null and void and bad in law.

The panel made the ruling after unanimously allowing Kassim’s appeal against a High Court’s dismissal of his application for judicial review on the Federal Territory Syarie prosecution chief’s decision to charge him at the Putrajaya Syariah High Court.

The Court of Appeal held that Kassim’s arrest on March 26, 2014, at his house in Taman Kulim Perdana, Kulim, Kedah, was illegal as it was not in accordance with the Kedah Shariah Enactment.

Justice Ong, who read out the judgment, said Kassim was brought to Penang before travelling to Kuala Lumpur to be charged at the Putrajaya Shariah High Court.

“Fatwa (over the charge) is only binding for Muslims residing in the Federal Territory; the appellant (Kassim) being a resident in Kedah is not disputed. As he was not arrested in the Federal Territory, therefore, he is not obliged by the fatwa,” said Justice Ong.

The 82-year-old octogenarian had claimed trial to three charges of insulting Islam and defying Islamic authorities at the Shariah High Court on March 27, 2014.

The trial has yet to start pending the outcome of the leave to appeal.

On Jan 6, 2015, the Kuala Lumpur High Court dismissed Kassim’s application for a judicial review to challenge Jawi’s decision to charge him at the Shariah High Court.