Federal Court rejects govt, religious authorities' appeal against Dr Kassim Ahmad

This is because the government and the Islamic religious authorities were unable to proceed with its appeal against the Court of Appeal's Dec 21, 2015 verdict that Kassim's arrest and prosecution were invalid.

Today, a three-man bench led by Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum unanimously dismissed the leave to appeal application brought by the government and the Federal Territories Islamic Department (Jawi).

Other applicants in the case were Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom, and the then Federal Territory Syariah chief prosecutor.

The court further ordered the applicants to pay costs of RM20,000 to Kassim.

Presiding with Justice Malanjum were Federal Court judges Tan Sri Zainun Ali and Datuk Balia Yusof Wahi.

Senior federal counsel Shamsul Bolhassan who represented the applicants submitted two legal questions for the Federal Court to consider.

But Kassim's counsel Rosli Dahlan told the court that the questions, related to jurisdictional issues, had been determined by the appellate court.

Rosli told reporters when met that Kassim was not yet a free man as he must seek for the Syariah Court to withdraw the charge against him following the Federal Court's decision today.

Kassim's case at the Putrajaya Syariah High Court is fixed for mention on Aug 7.

Kassim, 82, had claimed trial to three charges of insulting Islam and defying Islamic authorities at the Syariah High Court on March 27, 2014.

He subsequently filed a judicial review application at the Civil High Court seeking a declaration, among others that Jawi had acted beyond the powers provided under state Islamic laws and the Federal Constitution when it arrested and prosecuted him.

The High Court dismissed the judicial review but the appellate court overturned the decision.

The appellate court ruled that Kassim's arrest on March 26, 2014 at his house in Taman Kulim Perdana, Kulim, Kedah was illegal as it was not in accordance with the Kedah Syariah Enactment.

It also ruled that Kassim, being a resident of Kedah, was not obligated to a Federal Territory 'fatwa' (Islamic ruling) as he was not arrested in a federal territory.