Faisal Tehrani files application to review ban on books

Novelist Faisal Tehrani filed an application for a judicial review of the restriction order issued by the Home Minister over the publication of his four books alleged to be spreading Syiah teachings.

The books are 'Sebongkah Batu di Kuala Berang' published by PTS Litera Utama Sdn Bhd; 'Karbala' published by Abeerden Books World and 'Tiga Kali Seminggu' and 'Ingin Jadi Nasrallah' published by Al-Ameen Serve Holdings Sdn Bhd.

Faisal Tehrani, whose real name is Mohd Faizal Musa, 41, filed the application on June 29 through Messrs Cheang & Ariff and named the Home Minister as the respondent.

The copies of the document were made available to the media today through senior federal counsel Shamsul Bolhassan, representing the Home Minister, when the case was set for mention before the High Court Senior Assistant Registrar Nurul Aini Yahya.

The proceedings, held in chambers, were also attended by lawyer Nursyakeera Idora Ahmad Affandi who represented Mohd Faizal.

Shamsul when met by reporters said the court set Jan 28 for case management.

In his application, Mohd Faizal is seeking a court order to set aside the ban issued by the Home Minister against his four books under the Printing Presses and Publications (Control of Undesirable Publications) Order.

He is also seeking a declaration that the order which was made on Feb 12 was null and void as it was contrary to Article 8(1) and Article 10 (1)(a) of the Federal Constitution.

Mohd Faizal, who is also a research fellow at a public university, is also seeking a declaration that the order imposed on his books was irrational and ultra vires as it contrary to Section 7 of the Printing Presses and Publications Act 1984.

In his affidavit, Mohd Faizal said the order was irrational as the four books had been distributed for between four and seven years without causing any prejudice to public order and safety.

He said the order was issued on the grounds that his four books were likely to be prejudicial to public order and safety, and he only learned about it after reading a news report on May 5.

Mohd Faizal said that on Dec 3, 2013, he received a letter from the Home Ministry stating that the Islamic Development Department (Jakim) had certified the ban against his four books.

He said the Home Ministry had invited him to attend a meeting to discuss the publication of the books.

Mohd Faizal he had answered a letter from the Home Ministry dated Dec 3, 2013, stating that Jakim had no authority to order any publication ban and there had been no issue regarding the publication of the books.

On May 5, the Home Ministry banned four books authored by the controversial novelist as they were found to have contained Syiah elements and contravened the teachings of the Sunnah Wal Jamaah.