Four Indonesians seek to initiate judicial review over 'Imam Mahdi' charge


  • Nation
  • Monday, 09 Jan 2017

KUALA LUMPUR: Four Indonesians are challenging their alleged wrongful arrest, detention and prosecution over claims of declaring an individual as Imam Mahdi. 

They are seeking leave from the High Court to initiate a judicial review proceedings against Minister in the Prime Minister's Department (Islamic affairs) Datuk Seri Jamil Khir Baharom,  Federal Territory Islamic Religious Department (Jawi), the Government and two others.  

The Indonesians are Rahmat Abdullah Makki Almalik, 38;  Kharmain, 55; Cut Wardah, 53, and Ismelda Harfianti Lubis, 45. 

On Monday, High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah fixed Jan 27 to hear the application for leave.  

Speaking to reporters after the proceedings in chambers, Senior Federal Counsel Shamsul Bol Hassan said the Attorney-General's Chambers would be raising a preliminary objection against the application for leave. 

"We will raise a preliminary objection on the issue of jurisdiction. They should have file the lawsuit at the Syariah Court as they are challenging on the enforcement and prosecution by Jawi against them," he said. 

Their lawyer Tengku Azlina Tengku Ismail confirmed the details. 

In their Dec 20 amended application for judicial review made available to the media, the four Indonesians were applying for leave to strike out the decision and action of Jawi in relation to their alleged wrongful arrest as well as the decision and action of the Syarie chief prosecutor and Syarie senior prosecutor to prosecute them. 

Among others, they are seeking for damages to be assessed over their alleged wrongful arrest and detention by Jawi and its wrongful prosecution in November last year under Section 6(a) of the Syariah Criminal Offences (Federal Territories) Act 1997 for false claim, which carries a maximum fine of RM5,000 or up to three years' jail or both upon conviction.  

In their grounds to support the application, Rahmat Abdullah in an affidavit, claimed that Jawi had wrongly decided to arrest and detain them after they visited the Federal Territory Mufti on Nov 16 last year.  

He claimed Federal Territory Syarie chief prosecutor Mohammad Adib Husain and Federal Territory senior Syarie prosecutor Zainor Rashid Hassin had wrongly decided to prosecute them over charges that they had declared an individual, one Zubir Amir as Imam Mahdi.  

He said Jawi had failed or refuse to provide an interpreter during the investigation against them.  

He claimed the charge against them was false as they did not make any such declaration during their visit to the mufti.  

Besides that, Rahmat Abdullah claimed that Jamil Khir had failed to carry out his responsibilities as a minister to interfere in their alleged wrongful arrest and detention by Jawi.  

Apart from that, he said that Jawi and the Syariah Court here had no jurisdiction against them as they were not residents in Malaysia.  

They said the decision and actions by the minister, Jawi,  Syarie chief prosecutor and Syarie senior prosecutor were unreasonable and irrational.  

They named Jamil Khir, Mohammad Adib, Zainor Rashid, Jawi and the Government as respondents in the application for leave.

  

 

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