MP SPEAKS According to media reports, the Federal Territories Islamic Affairs Department (Jawi) has made a last-ditch attempt to overturn the Court of Appeal’s decision on 30 December last year, which had ruled that the Islamic agency had acted illegally and unconstitutionally by prosecuting Borders bookstore branch manager Nik Raina Nik Abdul Aziz over the sale of a banned book.
This whole episode erupted in May 2012 when Jawi raided a Borders outlet, seizing copies of controversial Canadian Muslim author Irshad Manji’s book, Allah, Liberty and Love.
Nik Raina ( left ), the manager of the outlet, was subsequently arrested and charged under Section 13 (1) of the Syariah Criminal Offences (Federal Territory) Act for allegedly selling and distributing a book that is contrary to the Islamic laws.
If convicted, she can be fined up to RM3,000 or jailed up to two years, or both.
Following a judicial review, Jawi was ordered by the High Court to withdraw the charges against Nik Raina.
This was countered by an appeal by Jawi, which eventually led to the same outcome as the Court of Appeal upheld the High Court’s decision.
In this latest action, Jawi is seeking for the Federal Court to determine whether the prosecution of criminal cases can be reviewed through civil action when the offence is “against the precepts of Islam.”
At the same time, they are also seeking clarification as to whether Syariah law can be used against “a corporate entity incapable of professing a religion,” and whether action by a religious authority that leads to prosecution in the Syariah court can be challenged and reviewed in the civil court.
Jawi must end charade
It does not take a legal genius to know that Jawi’s case is completely baseless.
In fact, this conclusion has been corroborated by two court decisions that found the confiscation of the books illegal and unconstitutional, especially when the seizure took place a week before a prohibition order was issued and about three weeks before the books were officially banned.
In this context, Jawi’s Federal Court appeal is nothing more than an act of desperation and a blatant attempt to persecute an innocent individual.
It is coming up to three long years now for Nik Raina, who has had to endure unnecessary legal tribulations and emotional anguish despite having committed no wrong.
Jawi should end this charade immediately instead of prolonging her agony and wasting public funds and resources on a hopeless case.
Like all right-minded Malaysians, the DAP stands with Nik Raina because we believe that no one is above the law, be they individual or government agency. This is a principle that must forever be upheld, lest we descend down the slippery path to failed statehood.
ZAIRIL KHIR JOHARI is the member of Parliament for Bukit Bendera.
