Court: MAIWP has no right to intervene in church judicial review

PUTRAJAYA: The Court of Appeal has ruled that the Federal Territory Islamic Religious Council ( MAIWP) does not have the right to intervene in the application of the Sidang Injil Borneo (SIB) Church for a judicial review to seek a declaration over the use of the word ‘Allah’.

In reversing a decision by the Kuala Lumpur High Court in the matter – upon an appeal by the church, the three-man Court of Appeal panel led by Justice Datuk Dr Hamid Sultan Abu Backer, however, ruled that MAIWP could appear as an ‘amicus curiae’ ( friend of the court) to assist the court on the issues to be argued in the judicial review.

The two other judges on the panel were Justices Datuk Zamani A Rahim and Datuk Zaleha Yusof.

Justice Hamid Sultan said MAIWP did not have direct interest in the case and it also did not have the right over nonMuslims.

“In the instant case, we do not see how the first respondent ( MAIWP) will be affected by any order of the court other than a circuitous reasoning which will not satisfy the direct interest test. MAIWP has no right over and owes no liability to the appellant or non- Muslims,” he said.

He said the Attorney- General, who is the guardian of public interest, was already representing the Home Ministry and the government in the church’s judicial review.

“In the instant case, we do not see how the first respondent (MAIWP) will be affected by any order of the court other than a circuitous reasoning which will not satisfy the direct interest test. MAIWP has no right over and owes no liability to the appellant or non-Muslims, Justice Datuk Dr Hamid Sultan Abu Backer, member of Court of Appeal panel

The court allowed the church’s appeal to reverse the Kuala Lumpur High Court decision to allow MAIWP to intervene in the judicial review action brought by the SIB – or Borneo Evangelical Church – over its right to use the word ‘Allah’ in its religious publications and practices.

The church and its president Rev Datuk Jerry WA Dusing @ Jerry W Patel filed a judicial review to challenge the Customs Department’s decision to seize its religious books containing the word ‘Allah’, brought in from Surabaya, Indonesia, at the Low- Cost Carrier Terminal in Sepang on Aug 15, 2007.

Although the books were returned to the church on Jan 25, 2008, the church and Dusing sought the permission of the Court of Appeal to initiate a judicial review to seek a declaration that they have the constitutional right to use the Arabic word for God ‘Allah’ in the Bahasa Malaysia and Bahasa Indonesia translations of the Christian Bible, and in all other religious publications and materials.

The Court of Appeal granted them leave to commence the judicial review on Oct 1, 2014.

In his 29- page judgement, Justice Hamid Sultan said: “The Attorney- General is duly represented and vigilant, sufficient in the court’s view to protect the public right and interest within the watchful eyes of the courts with judges who have taken the constitutional oath to defend and protect the Federal Constitution.”

He said the Attorney- General also ought to ventilate before the High Court on the issue with regard to the mode to be used by the church in seeking the declaration.

Justice Hamid Sultan said this was because the church withdrew its claim for ‘certiorari’ and ‘ mandamus’ orders with regard to the decision of seizure of the religious books and only sought declaratory relief.

“The character of judicial review proceedings changes into public interest litigation,” he said.

The church and Dusing were represented by lawyer Lim Heng Seng, while counsel Mohamed Haniff Khatri Abdulla appeared for MAIWP. — Bernama