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Tuesday June 24, 2014 MYT 12:00:00 AM
Tuesday June 24, 2014 MYT 11:58:17 AM
by m. mageswari, yuen meikeng, florence a. samy, tan yi liang, christopher tan, AND victoria brown
PETALING JAYA: The Federal Court should have granted leave to Catholic weekly Herald to hear its appeal in the ongoing dispute with the Home Ministry to use the word “Allah”, the Bar Council said.
In a statement yesterday to The Star, Malaysian Bar vice-president Steven Thiru said the questions posed by Herald met the requirements laid down under Section 96(b) of the Courts of Judicature Act 1964, which allows an appeal to the Federal Court if it was “on the effect of any provision of the Federal Constitution”.
“The court only had to decide whether the questions posed met the requirements of Section 96(a) or (b) of the Courts of Judicature Act 1964.
“The Federal Court is not required to go into the merits of the intended appeal at this stage. The questions met the requirements of Section 96(a) and, at any event, the constitutional questions posed by the applicant should have been allowed under Section 96(b),” said Steven.
He added that with the denial of leave, the 2013 decision of the Court of Appeal stands.
“It can be interpreted as being applicable to other publications and not just Herald, and it is regrettable that the Federal Court has refused leave,” said Steven.
MCA president Datuk Seri Liow Tiong Lai said he was very disappointed with the Federal Court’s decision.
“We will continue to provide the necessary assistance to solve the issue,’’ he said.
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