Anwar's qazaf application on Saiful dismissed (Updated)

  • Nation
  • Wednesday, 14 Apr 2010

KUALA LUMPUR: The Syariah High Court here dismissed Opposition leader Datuk Seri Anwar Ibrahim’s application to have his former personal aide Mohd Saiful Bukhari Azlan charged with qazaf (making false allegations).

This came following its decision to accept the preliminary ojection by the respondents - Federal Territory Syarie chief prosecutor Shamsuddin Hussain, Islamic Religious department director Datuk Che Mat Che Ali and Minister in the Prime Minister’s Department Datuk Jamil Khir Baharom - against Anwar’s application.

Justice Mohd Shukor Sabudin, in his ruling on Wednesday, said that matters of prosecution - in commencing or halting a prosecution - was entirely at the discretion of the Syarie chief prosecutor.

“Any intervention to his (Syarie chief prosecutor’s) role by any party, be it by the rulers or a judge, tantamounts to a sin (maksiat). “According to the syarak law, a person cannot be forced to prosecute,” he ruled.

Based on these grounds, he accepted the respondent’s preliminary objections, and dismissed Anwar’s application.

Representing Anwar was Syarie lawyer Kamar Ainiah Kamaruzaman, while lawyer Zainul Rijal Abu Bakar stood for the respondents.

Anwar had in January applied to the Syariah High Court to order the Syarie chief prosecutor to charge his former personal aide Mohd Saiful, who accused him of sodomy, with qazaf.

The PKR leader wanted a court directive to order Shamsuddin to prosecute Mohd Saiful, 24, for qazaf under Section 41 of the Syariah Criminal Act 1997.

On March 10, the respondents had objected to Anwar’s application, saying the court did not have the jurisdiction to compel Shamsuddin to prosecute.

Yesterday, the court ruled that it had the jurisdiction to hear Anwar’s application.

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