Court grants stay of hearing in ‘Allah’ CD case


  • Nation
  • Friday, 12 Aug 2016

KUALA LUMPUR: The High Court here has granted a temporary stay of the hearing of the Federal Territories Islamic Religious Council (MAIWP) and Selangor Islamic Religious Council (MAIS) to intervene in a judicial review application by a Sarawakian clerk over CDs containing the word Allah.

Jill Ireland Lawrence Bill filed the application on Aug 20, 2008, to declare that she has the right to keep, use and import CDs containing the word Allah.

Counsel Mohamed Haniff Khatri Abdulla, who acted for MAIWP, said the High Court allowed the temporary stay pending the outcome of Sidang Injil Borneo’s appeal against a High Court decision, which allowed the council to become an intervener.

“It is fair in law that parties be given the right to see the outcome of the judgment in the Court of Appeal before they decide the next stand.

“We will be coming back on Sept 29,” Mohamed Haniff said after meeting Justice Nor Bee Ariffin in chambers yesterday.

Counsel Datuk Sulaiman Abdullah and Fakhrul Azman Abu Hassan appeared for MAIS.

On June 23 last year, the Court of Appeal upheld the lower court’s order for the Home Ministry to return the CDs to Bill.

Justice Tengku Maimun Tuan Mat, who chaired a three-member panel, instructed the ministry to return the CDs within a month.

Other judges on the bench were Justices Zakaria Sam and Abang Iskandar Abang Hashim.

They unanimously dismissed the appeal brought by the ministry and the Government.

Justice Tengku Maimum also granted Bill’s cross appeal and remitted the matter to the High Court to be heard by another judge on her application for a declaration on her rights under Articles 8 and 11 of the Federal Constitution on freedom to practise one’s religion and equality before the law.

The CDs bearing titles such as Cara Hidup Dalam Kerajaan Allah, Hidup Benar Dalam Kerajaan Allah and Ibadah Yang Benar Dalam Kerajaan Allah were seized upon her arrival at the Low-Cost Carrier Terminal (LCCT) in Sepang on May 11, 2008.

On July 21, 2014, the High Court ordered the return of the CDs to Bill, but it did not grant the declaratory relief she sought.

On May 4, 2009, Bill obtained leave from the High Court to challenge the ministry’s decision to seize the CDs.

In her application for a judicial review, she sought to quash the minister’s decision to seize the CDs at the LCCT and for the return of the items.

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Courts & Crime , Jill Ireland , High Court

   

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