G25: Jawi appeal against Borders decision could create further conflict

PETALING JAYA: The latest move by Federal Territory Islamic Religious Department (Jawi) to appeal the Syariah High Court's decision in discharging Borders Mid Valley manager Nik Raina Nik Abdul Aziz could put the syariah and civil courts on a collision course, claimed a group of prominent leaders.

The group of 25 (G25) prominent Malays calling for a rational dialogue on Islam in Malaysia expressed concern over the action of the Syariah prosecutor in disregarding the High Court and Court of Appeal orders which have instructed the Syariah prosecutor to withdraw and set aside the arrest and prosecution against Nik Raina.

"This course of action may well manifest a conflict of laws and conflict of jurisdiction issues," said G25 in a statement.

G25 urged the Federal and State governments, along with the Attorney-General to set up necessary legal safeguards to prevent miscarriages of justice.

On, March 2012, Jawi raided the bookstore for stocking the books and arrested Nik Raina.

She was charged under Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997 in June 2012 for the offence of "disseminating and distributing" by way of selling the books deemedcontrary to Islamic law.

On Dec 30 last year, the Court of Appeal in Putrajaya ruled that Jawi’s seizure of the books was unlawful.

On Feb 26, Nik Raina, accused of disseminating and distributing a controversial book by Canadian author Irshad Manji, was given a discharge not amounting to an acquittal by the Syariah High Court.

On Sunday, however, Nik Raina’s lawyer, Rosli Dahlan, said Chief Syarie Prosecutor Mohamad Adib Husain had directly served a notice of appeal to his client although he was listed as the solicitor on record.