KUALA LUMPUR: The High Court here has lifted the ban order imposed on a book titled Breaking The Silence: Voices Of Moderation – Islam In A Constitutional Democracy.
Justice Nordin Hassan made the decision yesterday after allowing a judicial review application filed by G25 (Group of 25) to challenge the ban order and set aside the then Home Minister’s decision in banning the book.
In the judgment, Justice Nordin said the minister must show basis of decision to ban the book as stated in the order.
“It is not mentioned in the affidavit of the minister, except that they rely on the opinion of Jabatan Kemajuan Islam Malaysia (Jakim),” he said.Five G25 members, comprising G25 spokesman Datuk Noor Farida Mohd Ariffin, 73, Datuk Zainuddeen Abdul Bahari, 75, Tan Sri Mohd Sheriff Mohd Kessim, 80, Datuk Latifah Osman Merican, 69, and Dr Asma Abdullah, 71, filed the judicial review application in October 2017, and named then home minister Datuk Seri Dr Ahmad Zahid Hamidi as the respondent.
On Jan 9, 2018, G25 was granted leave to apply for a judicial review of the book ban.
The G25 members, represented by lawyer Malik Imtiaz Sarwar, had sought for a certiorari under Order 53, Rule 8 (2) of the Rules of Court 2012 to nullify the ban order, dated July 27, 2017, which was signed by the respondent.
The book, published in December 2015, was declared illegal by the Home Ministry on July 27, 2017.
The respondent was represented by Senior Federal Counsel Jamilah Jamil. — Bernama
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