Sabahans seek judicial review over Allah, Herald

KOTA KINABALU : Two Sabahans, both Roman Catholics have filed an ex-parte application for leave at the High Court in Kota Kinabalu to file a judicial review to obtain an order of certiorari (squash) against the decision of a Malaysian Government agency/agencies to seize 2,000 copies of the Herald, a Church weekly, on Sat 26 Oct last year at Kota Kinabalu International Airport here.

The application, was filed yesterday under Order 53 Rule 3(2) of the Rules of the High Court 2012 by activist Daniel John Jambun, one of the applicants, acting in person.

The application cited Article 11(1) of the Federal Constitution; a Media Statement by Prime Minister Najib Abdul Razak on 21 Oct, 2013; and a 10 Point Policy Document of the Federal Cabinet adopted in Feb 2011 on the use of the term “Allah” in Malay print of Christian publication in Malaysia.

The duo, including lawyer Marcel Jude Joseph, said in their respective affidavits in support that the seizure affected their rights as Herald readers to have access to the weekly which they regularly purchased on Sundays at their respective churches.

Jambun attends mass at St Catherine’s Church in Inanam, while Marcel at either the Sacred Heart Cathedral or the Church of Mary Immaculate in Luyang.

Besides the order of certiorari, the duo are seeking a declaration that the order of the federal agencies was unconstitutional and in breach of Article 11(1) of the Federal Constitution of Malaysia and the 10 Point Policy Document of the Federal Cabinet of February 2011 and a public assurance on freedom of worship given by Prime Minister Najib Abdul Razak in Kota Kinabalu on 21 Oct, last year.

They are also seeking damages for interference with the Applicants’ right of freedom of worship pursuant to Article 11(1) of the Federal Constitution, costs, and any other relief deemed fit by the Court.

On the sidelines of the filing, Jambun said that he and Marcel were prepared to take the fight for the Herald all the way to the Federal Court.

“We will not buy the argument of the Umno Government that Muslims will be confused if Christians too use the word Allah in Malay print.

“We (Christians) hear the azan five times a day and we are not confused. We don’t switch from Christianity to Islam. It will be confusing if we are denied our rights,” said Jambun in a statement .

Allah is Umno’s political capital

The activist who heads the UK-based Borneo’s Plight in Malaysia Foundation (BOPIM), claimed that the Umno Government was making political capital out of Allah to maintain its vice-like grip on the rural electorate in Malaya.

“It’s in fact syirik for Muslims to concede that there are other Gods besides the one God,” said Jambun.

“So, Muslims can’t say, ‘Your God and my God is not the same. Don’t call your God Allah. Call it something else’,” he added.

He further said that BOPIM recently adopted a five-point policy declaration on the use of the word Allah in Malay print in matters that involve the Christian faith.

He disclosed the policy declaration, taken in preparation for the Judicial Review Application, as follows:

1. The Court of Appeal was wrong to overturn the High Court ruling against the Home Minister on the Herald using Allah in Malay print to refer to the Christian faith;
2. The Court of Appeal was wrong not to allow the High Court ruling considering the merits of the Home Minister’s decision;
3. The Court of Appeal was wrong not to consider the merits of the Home Minister’s decision;
4. The Court of Appeal was wrong to confine its decision to whether the Home Minister followed administrative procedures in arriving at its decision;

And, in a pre-emptive move, BOPIM held that the Federal Court would be wrong to say that it “sees no reason to disturb the ruling of the Court of Appeal” on the grounds that “the Herald did not prove/could not prove that the Home Minister did not follow administrative procedures in arriving at his decision.

“Where there are rights, there must be remedies,” asked Jambun.

Marcel Jude was not immediately available for comment. His affidavit and statement to support the ex-parte leave application was filed by Daniel.

The BOPIM chief said that Marcel would probably represent himself in court while he would either be represented by Marcel or another lawyer.

When contacted by FMT, Jambun said his application is scheduled to be heard on February 10 before High Court Judge, Ravinthran Paramaguru.