KUALA LUMPUR, Nov 12 — The High Court (Appellate and Special Powers Division) here has set next Tuesday to hear an application by former social and political activist Dr Kassim Ahmad to obtain a judicial review to quash a decision by the Federal Territories Syarie Prosecution chief in having him charged at the Shariah High Court in Putrajaya.

Kassim’s counsel Andy Tan told this to reporters after the case was set for case management today before the court’s Senior Assistant Registrar N. Arun. 

Tan said the application will be heard before Justice Datuk Asmabi Mohamad.

On July 24, the Court of Appeal had allowed Kassim’s application to start judicial review proceedings at the High Court to challenge the action of Federal Territories Syarie Prosecution chief to arrest and charge him at the Shariah Court on the grounds that the High Court has the power to hear the application.

On July 14, the Kuala Lumpur High Court had rejected Kassim’s application to obtain leave for a judicial review by deciding that Civil Court had no authority to hear the case and that the matter came exclusively under the purview of the Shariah Court.

High Court Judge Datuk Zaleha Yusof made the decision after allowing an initial objection by the Attorney-General’s Chambers on Kassim’s application to obtain leave.

Kassim, 81, filed the application on June 26, among others for a certiorari order to set aside the decision of the Syarie chief prosecutor on March 27 for allegedly insulting Islam and defying the authorities.

Kassim also applied that the proceedings of his case at the Shariah High Court, Putrajaya be temporarily suspended while awaiting the decision of the judicial review. 

He also filed for an order to set aside the action and decision of Federal Territories Islamic Religious Department (Jawi) enforcement officer who was accused of raiding, searching and confiscating his writings and having him detained and transferred from Kedah to Federal Territory. 

Besides this, he also applied for an order to set aside all warrants of arrest, search and seizure as well as the attached bond and a declaration that Jawi officers and prosecutors’ actions exceeded their jurisdiction.

He also alleged that the actions violated the Federal Constitution, the Federal Territories Syariah Act and the Kedah Syariah Enactment and to seek a declaration that fatwas (Islamic edicts) issued in the Federal Territories could only be applied to residents in the Federal Territories. — Bernama