Appeals Court rules prosecution on Kassim Ahmad null and void

The Court of Appeal here today ruled that former social and political activist Dr Kassim Ahmad's arrest and prosecution for allegedly insulting Islam and defying Muslim authorities were null and void.

A three-man bench comprising Datuk Abdul Rahman Sebli, Datuk Hasnah Mohammed Hashim and Vernon Ong Lam Kiat who chaired the panel also held that Kassim's arrest was bad in law.

The panel unanimously allowed Kassim's appeal against a High Court's dismissal of his application for a judicial review on the Federal Territory syarie prosecution chief's decision to charge him at the Putrajaya Syariah High Court.

The four respondents, Federal Territories Islamic Department (Jawi); Minister in the Prime Minister's Department, Datuk Seri Jamil Khir Baharom; the then Federal Territory chief Syariah prosecutor; and the government were ordered to pay RM20,000 costs to Kassim.

The 82-year-old octogenarian had claimed trial to three charges of insulting Islam and defying Islamic authorities at the Putrajaya Syariah High Court on March 27 last year. The case was fixed for hearing on Jan 18 next year.

Justice Ong who read the judgment held that the prosecution against Kassim at the Putrajaya Syariah High Court was null and void as Kassim who was residing in Kedah, should have been brought before the Kedah Syariah High Court before being prosecuted at the Putrajaya Syariah High Court.

The panel also held that Kassim's arrest on March 26 last year at his house in Taman Kulim Perdana, Kulim, Kedah was illegal as it was not in accordance with the Kedah Syariah Enactment.

"It was not according to Kedah Syariah Enactment Regulations. It was mandatory that he (Kassim) be brought before the Qadi of Kedah where he was arrested," he said.

The judge said Kassim was brought to Penang before he flew to Kuala Lumpur to be charged at Putrajaya Syariah High Court.

"Fatwa (over tha charge) is only binding for Muslims residing in the Federal Territory; the appellant (Kassim) being a resident in Kedah is not disputed. As he was not arrested in the Federal Territory, therefore he is not obliged by the Fatwa," said Justice Ong.

The panel then ordered damages to be assessed by a High Court registrar based on Kassim's trauma, embarrassment and loss of goodwill for wrongful detention and prosecution.

Outside the court, Kassim when met by reporters sighed, "Alhamdulillah, we have won and hopefully Jawi would withdraw the charge against me".

On Jan 6 the Kuala Lumpur High court dismissed Kassim's application for a judicial review to challenge Jawi's decision to charge him at the Syariah High Court on the three charges.

Kassim was represented by lawyer Rosli Dahlan while senior federal counsel Shamsul Bolhassan acted for the four respondents.