PUTRAJAYA: Former Petaling Jaya MP Maria Chin Abdullah cannot proceed with her appeal in the Federal Court to challenge the Court of Appeal’s decision denying her leave to challenge a show-cause notice issued by the Syariah High Court for contempt.
This followed Thursday’s (June 26) decision by a three-member bench of the Federal Court, consisting of Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera, dismissing Maria’s application to obtain leave to appeal against the appellate court decision.
Justice Nordin, who chaired the bench, said there was no novel issue warranting the Federal Court to hear and determine her appeal.
He said the issue relating to the jurisdiction of the Syariah Court and Civil Courts under Article 121 (1A) of the Federal Constitution was made clear in previous court cases, including a recent one on a woman’s challenge against her religious status.
ALSO READ: Syariah Court sentences Maria Chin to seven days’ jail
He said Maria failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.
The Syariah High Court had issued the show cause notice in 2019 after Maria, 68, commented on the court’s decision to impose a prison sentence on Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin.
Faisal, through his lawyers, had sought leave to initiate contempt proceedings against Maria at the Syariah High Court, and his request was granted.
A notice was subsequently issued to Maria in 2019, requiring her to explain why she should not be held in contempt for criticising the Syariah High Court’s decision.
Maria then sought leave to commence a judicial review application in the civil High Court in 2021, naming the then Religious Affairs minister Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Syariah Judiciary Department as respondents.
On Aug 22, 2022, the civil High Court granted her leave to commence the judicial review, but this decision was overturned by the Court of Appeal on Nov 27 last year when it allowed an appeal by the Attorney General’s Chambers (AGC).
In April 2022, the Syariah High Court sentenced Maria to seven days in prison for contempt. Maria, however, did not attend the hearing as she was hospitalised at the time.
Meanwhile, lawyer Datuk Akberdin Abdul Kader, who held a watching brief for Faisal today, told the media that Maria has to go back to the Syariah Appeals Court for her appeal against the sentence. – Bernama
