This follows the Federal Court’s decision today to dismiss a leave to appeal application by the religious authorities of the Federal Territory (FT) of Putrajaya.
A three-man bench chaired by Chief Judge of Sabah and Sarawak Richard Malanjum dismissed the two leave questions posed by the Attorney-General’s Chambers.
Sitting with Malanjum were Justices Zainun Ali and Baliah Yusuf Wahi.
Baliah during the proceedings said the questions framed were in essence about the jurisdiction of the civil court which had been decided by the Court of Appeal twice.
The bench also awarded RM20,000 in costs to Kassim.
Lawyer Rosli Dahlan, who represented Kassim, said he would officially inform the Putrajaya lower shariah court on the outcome of today’s proceedings.
“I will also urge the FT shariah prosecutor to drop the charges against Kassim in order to bring closure to the case,” he told reporters later.
Also appearing for Kassim were Bahari Yeow and Mohd Faizal Fasani.
Kassim, 83, however, was not in court today.
Federal Counsel Shamsul Bolhassan appeared for the religious authorities.
On March 26, 2014, FT religious enforcement officers raided Kassim’s house in Kulim, before arresting him and bringing him to Kuala Lumpur on a midnight AirAsia flight.
Kassim was brought to their office in Jalan Duta, interrogated overnight and then charged at the Putrajaya Shariah Court.
The Kedah-based scholar then filed a judicial review against the minister in charge of religious affairs, the FT religious enforcement authorities and the Shariah chief prosecutor for conducting an illegal raid, arrest and prosecuting him.
A High Court rejected Kassim’s case but the Court of Appeal later overturned the decision and ruled that the civil court had jurisdiction to hear his complaints.
However, upon hearing the merit of the case, the High Court ruled that Kassim had not exhausted his legal avenues in the religious court.
The appeals court then held that the shariah offences against Kassim were unlawful as they relate to a fatwa in the Federal Territory, and was not applicable to Muslims in Kedah.
The religious authorities, however refused to back down, saying they would pursue the matter in the Federal Court.