Student opts to go to jail for serban offence

KOTA BARU: A religious school student was found guilty and slapped with a RM90 fine for wearing a serban (Muslim headgear) while riding a motorcycle.

Ahmad Nasir Daud, 27, however, opted to serve a two-day default jail term rather than pay the fine. Magistrate Tengku Amalin A’shah Putri Sultan Ismail Petra denied a stay of execution submitted by Ahmad Nasir’s counsel Ahmad Rizal Effende.

Ahmad Nasir, of Alor Star, Kedah, was accused of riding a motorcycle without wearing a crash helmet in Jalan Pasir Tumboh at 6.30pm on Sept 20 last year.

He was charged under Section 119 (2) of the Road Transport Act 1987 and was liable to be fined up to RM2,000 or jailed up to six months, or both.

Earlier, at 3.15pm, when the court stood down to allow the magistrate to deliberate on the application for a stay of execution, a commotion nearly broke out.

A policeman had told Ahmad Nasir’s fellow students, numbering at least 30 who packed the court, to leave because they were only wearing slippers.

The group protested and questioned why they were allowed into court during the proceedings in the morning.

An unidentified officer said they were not properly attired and that they should leave. Counsel Ahmad Rizal managed to cool things down when he said that only 10 of them could follow the proceedings in court.

Later, outside the court, Ahmad Rizal said his client refused to pay the fine and decided to opt for the jail sentence as a matter of principle.

“He insists on his right to wear the serban and that is why he is going to spend two nights in jail,” Ahmad Rizal said.

He said that there was a grey area pending a study on who should be exempted from wearing crash helmets as the law has only identified “Haji, Hajjah, Lebai and Singh”.

He added that he would be seeking an appeal against the judgment within 10 days.

This case has gained prominence in Kelantan after the state CPO SAC I Datuk Abdul Rahim Hanafi received approval from Bukit Aman to temporarily stop enforcing checks on motorcyclists wearing the serban.