PUTRAJAYA, May 14 ― The Federal Territories Islamic Religious Department (JAWI) and two minister's bid to appeal a court ruling favouring Borders' Muslim staff Nik Raina Nik Abdul Aziz will likely go on at the Federal Court this August, their lawyer said today.
JAWI's lawyer Shamsul Bolhassan said he had not received any instructions to retract the appeal bid against the Court of Appeal ruling that found JAWI had acted illegally and unconstitutionally by prosecuting Nik Raina.
"I think we are going to proceed. So far no instructions to withdraw," the senior federal counsel from the Attorney-General's Chambers told Malay Mail Online when met here.
Shamsul is also representing the then Home Minister Datuk Seri Hishammuddin Hussein and Minister in charge of Islamic affairs, Datuk Seri Jamil Khir Baharom in this appeal bid.
Last December, the Court of Appeal ruled in favour of Nik Raina, stating that JAWI's prosecution against her simply because she was a Muslim and because it could not charge the company and her non-Muslim supervisor was “unreasonable, irrational” and against the “principle of fairness and justice”.
Despite the Kuala Lumpur High Court and Court of Appeal ruling in Nik Raina's favour in her judicial review challenging JAWI's actions, the Islamic department and the two ministers had this year filed for leave to appeal at the Federal Court.
On August 25, the Federal Court is due to hear arguments from both sides before it decides if JAWI will be allowed to go on with its appeal.
There are two separate court matters involving Nik Raina ― her judicial review in the civil court which challenges JAWI's actions, and JAWI's prosecution against her in the Shariah courts.
Yesterday, Nik Raina's lawyer Rosli Dahlan confirmed that JAWI had this Monday dropped its bid at the Shariah courts to continue a three-year-old prosecution against Nik Raina.
This meant that Nik Raina is now free from any continued prosecution under Section 13 (1) of the Syariah Criminal Offences (Federal Territory) Act for allegedly selling an unIslamic book, which could have landed her in jail for up to two years or resulted in a RM3,000 fine.
