KUALA LUMPUR, Jan 20 ― The Federal Territories Islamic Department (JAWI) filed an application with the Federal Court today to reverse the Court of Appeal’s ruling favouring Muslim intellectual Kassim Ahmad.

Government lawyer Shamsul Bolhassan confirmed filing the application at noon today on behalf of Jawi and three others.

"We have filed to seek leave to appeal to the Federal Court against the decision of the Court of Appeal," the senior federal counsel from the Attorney-General's Chambers told Malay Mail Online when contacted.

He said that JAWI and the three other parties had yet to seek a stay of any orders by the Court of Appeal and said it would be filed if necessary.

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JAWI had 30 days from the Court of Appeal's December 21 decision to file its appeal.

On December 21 last year, a three-man panel at the Court of Appeal unanimously found JAWI's actions on Kassim ― including a cross-border arrest using a defective warrant, a detention exceeding 24 hours without access to lawyers, his prosecution ― to be illegal.

The Court of Appeal set aside the Kuala Lumpur High Court's dismissal of Kassim's legal challenge against JAWI, where High Court judge Datuk Asmabi Mohamad ruled that he should sue to protect his constitutional rights instead of pursuing a judicial review.

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The four respondents in Kassim’s judicial review bid are the minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom, JAWI, then Federal Territory Chief Syarie Prosecutor Ibrahim Deris and the government.

Kassim’s challenge argued that the Islamic authority had acted with illegality, irrationality, procedural impropriety, unconstitutionality, ultra vires or acting beyond powers, abuse of discretionary power and unreasonable exercise of power.

In March last year, Kassim was charged at the Shariah High Court in Putrajaya with insulting Islam and defying religious authorities at a seminar in February that was officiated by former prime minister Tun Dr Mahathir Mohamad.

Kassim had pleaded not guilty to two separate charges under Section 7(b) and Section 9 of the Shariah Criminal Offences (Federal Territories) Act 1997 that both carry a maximum fine of RM3,000 or imprisonment up to two years, or both.

Kassim's lawyer Rosli Dahlan had reportedly told the Shariah court this Monday that his client should, in light of the Court of Appeal's ruling, be either freed from the two Shariah charges or given a discharge not amounting to acquittal.

But the Federal Territory Chief Syarie Prosecutor Mohammad Adib Husain had then said that an appeal will be filed at the Federal Court.

Putrajaya Syariah High Court judge Azzeman Husin is set to decide on February 22 on whether the Shariah charges against Kassim will remain.