Court of Appeal grants GISB more time to file records of appeal


PUTRAJAYA: The Court of Appeal on Monday (Oct 26) granted GISB Holdings Sdn Bhd (GISB) more time to file the records of appeal in its appeal against the Selangor state fatwa.

The company’s lawyer Zulkikri Ulul Azmi had applied for the extension during proceedings, telling the court that the records of appeal were filed 27 days late.

He said his side had been unaware that the draft index had not been submitted, an error that has since been rectified.

A three-judge panel comprising Justices Datuk Mohamed Zaini Mazlan, Datuk Ong Chee Kwan and Datuk Seri Mohd Radzi Harun allowed the application and awarded RM5,000 in legal costs to the Attorney-General's Chambers.

"The appellant must pay RM5,000 to the AGC immediately because you made a mistake," he said.

Senior Federal Counsel Mohammad Sallehuddin Md Ali, appearing for the AGC, said the prosecution maintained its objection to the application.

He said, however, that if the court were minded to allow the extension of time, the AGC would seek costs.

The application follows the Shah Alam High Court's rejection on Jan 9 this year of GISB's bid for leave to commence a judicial review.

High Court judge S. Narkunavathy dismissed the leave application after allowing a preliminary objection by the AGC that the fatwa is not amenable to judicial review by virtue of Article 121(1A) of the Federal Constitution.

Narkunavathy said that under Article 121(1A), civil courts are expressly precluded from exercising jurisdiction over any matter within the exclusive purview of the Syariah Courts.

She further said the case involved a dispute over Islamic tenets, which is not a matter for the civil courts.

In its judicial review application, GISB sought a certiorari order to quash the fatwa published on Oct 14, 2024 and gazetted on Oct 16, 2024, which declared GISB as deviating from the teachings of Islam and prohibited its followers from practising its beliefs, teachings and doctrines.

GISB also sought a declaration that the fatwa does not apply to the company, which is incorporated under the Companies Act 1965.

GISB named the Selangor Fatwa Committee and the Selangor Islamic Religious Council as respondents. - Bernama

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