IRF is seeking an order to quash the banning of the books titled Islam Tanpa Keekstreman: Berhujah Untuk Kebebasan, a translation of Turkish academic Mustafa Akyol’s Islam without Extremes: A Muslim Case for Liberty, as well as two volumes of its Wacana Pemikiran Reformis series.
The order was gazetted on Sept 6 under the Printing, Presses and Publications (PPP) Regulation which, among others allows the authorities to prohibit the printing, circulation and possession of printed materials.
IRF is also seeking a declaration that the Act was invalid, and went against provisions in the Federal Constitution.
IRF director Dr Ahmad Farouk Musa has also filed an affidavit in support of the application.
He said the minister’s order was in breach of natural justice as it did not give IRF the right to be heard.
Farouk said the minister’s press statement announcing the ban was unreasonable, irrational and took into account irrelevant factors.
“The respondent (minister) has failed to explain how the said publications or contents promote liberalism, contain elements that insults Islam and deviates from the true teachings of Islam,” he said.
Farouk said the minister’s prohibition order was against Article 3 of the constitution and an interference of jurisdiction as Islam was a state matter.
He said the outright ban was against Article 10 as Parliament had passed laws to only impose restrictions on freedom of speech.
High Court judge Kamaludin Md Said today allowed leave application after hearing lawyers for Farouk and the government.
Tunku Farik Ismail appeared for IRF while Shamsul Bolhassan represented the minister.
A case management has been fixed before a deputy registrar on Dec 13.
Farik said his client is also seeking a declaration that section 7 of the PPPA to control undesirable publications was also inconsistent with provision in the constitution.
“We filed a motion in the Federal Court last week as only the apex court can hear such matters as it is a constitutional challenge against a provision in the PPPA,” he told reporters.
Shamsul said he objected to the motion to declare the PPPA unconstitutional but Kamarudin held that IRF should be allowed to argue its case first in the Federal Court.
Farouk in his affidavit quoted the minister who said the books were prohibited as their contents promoted liberalism, insulted Islam and deviated from the true teachings of the religion.
He said the IRF until today was not served the order of the book ban nor asked to show cause.
Farouk said the publications did not generate any complaint from the minister or affected public order.