Judge Ahmad Kamal Md Shahid delivered his verdict to parties today through email after hearing oral submissions last month from T Gunaseelan, who represented R Visa Letchumy, former Chinese School Students Association president Tan Kim Sen @ Tan Boon Tak and Persatuan Hindu Agamam Ani Malaysia chairman D Ravi.
Senior federal counsel Ahmad Hanir Hambaly, representing the attorney-general, submitted that leave should not be allowed as the applicants had no locus standi to bring the action and they were also out of time to file the action.
Hanir confirmed the judge had disallowed leave sought by the applicants.
“The leave application was dismissed with no order to costs as it was a public interest issue,” he said.
Gunaseelan said he has instructions from his clients to file an appeal in the Court of Appeal.
The trio, who filed the application last May, said the decision to introduce khat lessons for Year Four primary school pupils in vernacular schools was made by the Pakatan Harapan government in January.
Following criticism from educational groups, the government later announced that Jawi was optional and would not be an exam subject.
Tan, who filed an affidavit in support of the judicial review application, said khat, which originates from Saudi Arabia, had religious connotations.
He said that Muslims use khat to represent God as Islam prohibits the use of images.
“Khat is a revered art as it is also the best way to preserve the Quran,” Tan said in his affidavit.
Tan, who also referred to a number of articles written by Muslim authorities and academics, said the Islamic calligraphy would confuse Muslims if non-Muslims were allowed to use it, for example in posters for religious activities.
“Further, the use of khat in business and immoral activities from the perspective of Islam would cause discomfort to Muslims,” he said.
He said the compulsory teaching of khat at vernacular schools was also against Articles 11 and 12 of the Federal Constitution.
“This compulsory subject for non-Muslim pupils is a way of inculcating Islamic values, and parents have the right to reject it,” he said.
Tan also said the compulsory teaching of khat was an irrational decision as the art could not be used to draw quotations from non-Muslim religious texts.