PUTRAJAYA: GISB Holdings Sdn Bhd (GISB) has obtained an extension of time to file the records of appeal for its appeal against the Selangor state fatwa.
GISB’s lawyer, Zulkikri Ulul Azmi, told the appellate court yesterday that the extension was sought as 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 Mohamed Zaini Mazlan, Ong Chee Kwan and Mohd Radzi Harun allowed the application and awarded RM5,000 in legal costs to the Attorney General’s Chambers (AGC).
Senior federal counsel Mohammad Sallehuddin Md Ali objected to the application, Bernama reported.
The application follows the Shah Alam High Court’s Jan 9 rejection of GISB’s bid for leave to commence a judicial review.
High Court judge Justice S. Narkunavathy dismissed the leave application after allowing a preliminary objection by the AGC that the fatwa is not amenable to judicial review.
Justice 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.
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.
