Published: Thursday October 4, 2012 MYT 6:24:00 PM
Updated: Thursday October 4, 2012 MYT 10:24:26 PM
ZI publication, director fail to stay Jais' actions over seized book
KUALA LUMPUR: ZI Publication and its director, Mohd Ezra Mohd Zaid, failed to get a stay of the Selangor Islamic Religious Department's (Jais) actions against them over Irshad Manji's translated book 'Allah, Kebebasan dan Cinta'.
High Court judge Datuk Rohana Yusuf dismissed the stay application by ZI Publication and Mohd Ezra pending hearing of a judicial review application in chambers.
Counsel Nizam Bashir, representing ZI Publication and Mohd Ezra, told reporters that the court had dismissed the inter-parte application for a stay on grounds that under Section 29 of the Government Proceedings Act 1956, the court could not grant a stay against investigative and prosecutorial power of a religious authority.
"I'll seek a direction from my client whether to file an appeal or otherwise," he said.
Nizam said the court also fixed Nov 9 for case management.
On July 9, the two had filed leave applications, naming Jais, its director, Selangor Religious Department enforcement chief, Selangor Syarie prosecution chief, Selangor government and Malaysian government as respondents.
Among others, they applied for an order of certiorari to quash the action by Jais officers who raided and confiscated 180 books on May 29, at ZI Publications located at B-2-19, Merchant Square, Jalan Tropicana Selatan 1, PJU 3, Petaling Jaya, Selangor.
They also applied for a certiorari order to quash an arrest on May 29, and prosecution by Jais on Mohd Ezra.
They also sought for a declaration that Section 16 of the Syariah Criminal Enactment (Selangor) 1995, regarding investigations on Mohd Ezra, was null and void as it was inconsistent with Article 10(1)(a) and 8(1) of the Federal Constitution. - Bernama