ZI Publications, director fail to challenge book seizure by Jais

KUALA LUMPUR: The High Court today dismissed an application by ZI Publications Sdn Bhd and its director Mohd Ezra Mohd Zaid to challenge the raid carried out by the Selangor Islamic Religious Department (Jais) to seize translated copies of the book, Allah, Kebebasan dan Cinta, authored by Irshad Manji.
Judge Datuk Wira Kamaludin Md Said made the decision after ruling that the search warrant and the seizure of the books was made in the course of a criminal investigation of an offence under the Syariah Criminal Offences (Selangor) Enactment 1995, pursuant to the powers conferred under the enactment.
"The exercise of powers in the course of a criminal investigation is not opened to review under order 53 Rules of Court 2012. Therefore, the issue raised related to the search warrant and seizure of the books is outside the scope of judicial review.
"The power to seize anything as evidence is already provided under Section 46 of the Enactment. There is nothing wrong with the search warrant because it follows the statutory from provided under the Enactment," he said.
The judge also said that Section 16 of the Selangor Enactment could be reviewed in respect of its consistency with the Federal Constitution and consequential validity to be determined by the court.
He said the enactment of Section 16 was within the constitutional framework and was consistent with the Federal Contitution.
"The second applicant (Mohd Ezra) was arrested for possible offence under Section 16 of the Selangor Enactment, an offence under section 16 of the Enactment is not contingent on a fatwa or even a prohibitory order as Section 16 itself creates the offence envisaged," he added.
The judge also said that the power for the third respondent (Jais enforcement chief) to investigate is provided under Part IV of the Selangor Enactment, the investigation against applicants is still ongoing.
ZI Publications and Mohd Ezra had filed an application for a judicial review on July 9, 2012, naming Jais, its director-general, Jais enforcement chief, Selangor Syariah prosecution chief, Selangor Government and the Malaysian Government as respondents.
Among others, they applied for an order of certiorari to nullify the action by Jais officers who raided and confiscated 180 books on May 29, 2012, at ZI Publications located at B-2-19, Merchant Square, Jalan Tropicana Selatan 1, PJU 3, Petaling Jaya, Selangor.
They also sought a declaration for Section 16 of the Syariah Criminal Enactment (Selangor) 1995, regarding the investigation on Mohd Ezra, as void, claiming that it was inconsistent with Article 10(1)(a) and 8(1) of the Federal Constitution.
Article 10 of the Federal Constitution is related to freedom of speech and expression, right to peaceful assembly and to form associations. — Bernama