Judge recuses himself from hearing SIB’s ‘Allah’ lawsuit

Judge recuses himself from hearing SIB’s ‘Allah’ lawsuit

Justice Kamaluddin Md Said recuses himself as he was senior federal counsel in case by Catholic church against home ministry's ban on use of 'Allah' in Herald magazine.

Annou-Xavier-sib
KUALA LUMPUR: A High Court judge today recused himself from hearing the lawsuit by Sidang Injil Borneo (SIB) against the home ministry over the church’s right to use the word “Allah”.

Church’s lawyer Annou Xavier said that Justice Kamaluddin Md Said recused himself from hearing the lawsuit as he was the former senior federal counsel in another case that involved the use of “Allah”.

“He represented the government at the High Court for the case by the Titular Roman Catholic Archbishop of Kuala Lumpur against the home minister in 2009,” Annou said, referring to the highly publicised case of the Catholic church’s challenge against the home minister’s decision to ban the use of the word “Allah” in the church’s publication, Herald.

Senior federal counsel Shamsul Bolhassan also confirmed the details of Justice Kamaluddin’s recusal.

The Catholic church won the challenge at the High Court on December 31, 2009 to quash the minister’s ban and uphold their right to use the “Allah” word.

However, the Court of Appeal overturned the decision on October 2013, ruling the government’s ban as valid.

The Catholic church failed to obtain leave to appeal at the Federal Court in January 2015.

Annou said the SIB case will be mentioned before the deputy registrar on July 6.

Previously, SIB president Rev Jerry Dusing filed an application to cross examine home ministry official Barkhiya Shahiruddin on how the government came to the conclusion that the word “Allah” could cause public disorder and confusion among Muslims.

SIB and Dusing filed the lawsuit on Dec 10, 2007, after three boxes of Malay-language Christian educational books that contained the word “Allah” were seized by the customs department at the then Low-Cost Carrier Terminal (LCCT) in Sepang in August 2007.

The books were returned to SIB in January 2008.

SIB, however, is seeking a declaration that it has the constitutional right to use the word in publications and for educational purposes.

The home minister had previously refused the importation of four titles of the publications.

Dusing said they want a clear resolution in the matter as the ruling would be a major issue for the SIB to address as Christians from Sabah and Sarawak, where SIB was founded, had always been using the word in their prayers, sermons, education and songs.

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