Abdul Hadi Awang succeeded in his application to annul a suit by two Sabahans over a statement about Chiristian missionaries.
PUTRAJAYA: Two Sabahans have filed 30 grounds of appeal against a High Court decision to strike out their suit against PAS president Abdul Hadi Awang over a statement he made against Christians which they claimed was seditious.
Chief among them is that the trial judge Akhtar Tahir placed a benevolent construction in Hadi’s “corrosive statement” against the judiciary on his Facebook page on March 4.
“The learned judge had erred in law and fact to attach any sufficient weight to the respondent’s (Hadi) attack on the judiciary,” said Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian in their memorandum of appeal filed in the Court of Appeal earlier this week.
By publishing a contemptuous statement, they said, Hadi cannot approach the court “with unclean hands” to strike out their suit.
On May 11, Akhtar allowed Hadi’s application to annul the suit, saying that Maklin and Lawrence did not have the locus standi and their action was frivolous and an abuse of the court process.
The judge also ordered Maklin and Lawrence to pay Hadi RM50,000 each in costs as he said their application choked the justice system with unnecessary litigation.
Akhtar said the duo should be blamed for “seditious tendencies” for resurrecting a matter which took place in 2016.
He said Hadi’s statement was directed towards Christian missionaries who allegedly paid money to convert people, and not Christians in general.
Maklin and Lawrence said Akhtar was also wrong to strike out their suit without having due regard to the High Court Rules 2012 and refused to acknowledge it was public interest litigation.
They said it was also wrong for Akhtar to state that they were busybodies with intentions.
They claimed the order to pay the costs was also oppressive, disproportionate and unfair to them.
Akhtar, they said, also erred in stating English case laws should not be blindly followed as submitted by their lawyers in support of their case as “we have a written Federal Constitution”.
In their suit filed last year, Maklin and Lawrence wanted a declaration that Hadi had committed an offence under Section 3 of the Sedition Act, and that he was unfit to hold any position in government.
In their originating summons, they claimed that Hadi had made a seditious statement in the PAS newsletter Harakah on Jan 18, 2016 against Christians and/or Christian missionaries.
An affidavit to support their action also said Hadi’s statement was published by FMT the same day.
In February, Chief Justice Tengku Maimun Tuan Mat, who had led a nine-member bench, ruled that a provision in the Syariah Criminal Offences (Selangor) Enactment which criminalises unnatural sex was unconstitutional.
She said the Selangor state legislature was incompetent to pass the law since it was already on the Federal List.
Chief among them is that the trial judge Akhtar Tahir placed a benevolent construction in Hadi’s “corrosive statement” against the judiciary on his Facebook page on March 4.
“The learned judge had erred in law and fact to attach any sufficient weight to the respondent’s (Hadi) attack on the judiciary,” said Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian in their memorandum of appeal filed in the Court of Appeal earlier this week.
By publishing a contemptuous statement, they said, Hadi cannot approach the court “with unclean hands” to strike out their suit.
On May 11, Akhtar allowed Hadi’s application to annul the suit, saying that Maklin and Lawrence did not have the locus standi and their action was frivolous and an abuse of the court process.
The judge also ordered Maklin and Lawrence to pay Hadi RM50,000 each in costs as he said their application choked the justice system with unnecessary litigation.
Akhtar said the duo should be blamed for “seditious tendencies” for resurrecting a matter which took place in 2016.
He said Hadi’s statement was directed towards Christian missionaries who allegedly paid money to convert people, and not Christians in general.
Maklin and Lawrence said Akhtar was also wrong to strike out their suit without having due regard to the High Court Rules 2012 and refused to acknowledge it was public interest litigation.
They said it was also wrong for Akhtar to state that they were busybodies with intentions.
They claimed the order to pay the costs was also oppressive, disproportionate and unfair to them.
Akhtar, they said, also erred in stating English case laws should not be blindly followed as submitted by their lawyers in support of their case as “we have a written Federal Constitution”.
In their suit filed last year, Maklin and Lawrence wanted a declaration that Hadi had committed an offence under Section 3 of the Sedition Act, and that he was unfit to hold any position in government.
In their originating summons, they claimed that Hadi had made a seditious statement in the PAS newsletter Harakah on Jan 18, 2016 against Christians and/or Christian missionaries.
An affidavit to support their action also said Hadi’s statement was published by FMT the same day.
In February, Chief Justice Tengku Maimun Tuan Mat, who had led a nine-member bench, ruled that a provision in the Syariah Criminal Offences (Selangor) Enactment which criminalises unnatural sex was unconstitutional.
She said the Selangor state legislature was incompetent to pass the law since it was already on the Federal List.
QUOTE
ReplyDeleteMuslims, not Christians, targeting natives, Sabah group tells Hadi
The Malaysian Insider
January 20, 2016
KUALA LUMPUR (Jan 20): A Sabah Christian group, Perpaduan Anak Negeri Sabah (PAN), has hit out at PAS president Datuk Seri Abdul Hadi Awang for his remarks against Christian missionaries, saying it was Muslim dakwah groups, not Christians, baiting their targets with money and other forms of aid.
PAN chairman Pastor Esther Golingi said Muslim preachers from the peninsula were known to enter interior areas in Sabah, such as Pensiangan, Pitas and Ranau, offering locals cash and other incentives to embrace Islam.
“It was only after the formation of Malaysia, that Sabahans experienced being offered inducement and bribery to convert to Islam.
“Creeping Islamisation from the peninsula into Sabah is as clear as day,” she said.
She said there were cases in which people converted based on the promises offered but the bargain was not reciprocated.
“An individual’s conversion to or out of any religion should be done out of free will – without inducement, bribery nor deceit.
“These conversion tactics have been raised time and again, but our cries seem to have fallen on deaf ears.
“As a matter of fact, these dakwah groups have intensified their operations here. What is our local government doing about this?”
Esther also asked if the dakwah groups were funded by taxpayers in the form of allocations from the Department of Islamic Development Malaysia (Jakim).
She said teachers from the peninsula posted to Sabah schools repeatedly persuaded children to convert with Islamic teachings in classrooms and hostels.
“Our children’s history books have little on the history of Sabah.
“Textbooks and exam questions have been found to allude to the superiority of Islam and certain political parties.
“Islamisation exercises from the peninsula are clear and obvious,” she said, adding that parents were upset.
She also warned Hadi to mind his remarks before making disparaging remarks against Christianity.
Hadi alleged that Christian missionaries have brought their work to Malaysia only after experiencing failure in the West.
“Christianity is no longer saleable in countries where the education level is high, such as Germany, France, Britain and other European countries,” Hadi had said in an article in the latest edition of Harakah, the party organ.
“They have also taken these teachings to the interior areas of our country, such as in Sabah and Sarawak.
“They have spread their religion not by using knowledge and reasoned argument, but by baiting their targets with money and other forms of aid. People who are hemmed in by the difficulties of living would easily accept their assistance and, in the end, become influenced by them.”
MCA leaders, including party president Datuk Seri Liow Tiong Lai and vice-president Chew Mei Fun, have also reportedly condemned Hadi for provoking Christians, creating distrust and conflict in the country.
“Hadi’s statement shows his conservative and narrow-minded thoughts and his complete ignorance of the Malaysian fabric and importance of unity in diversity,” Liow was quoted as saying yesterday.
Chew was quoted in news portal Malaysiakini as saying that the PAS government in Kelantan offered RM10,000 to each Muslim preacher who married an indigenous person and converted him or her to Islam.
The state also provides Muslim preachers with free accommodation, a four-wheel-drive and a fixed allowance of RM1,000, she was quoted as saying.
UNQUOTE
Hadi is Holy.
ReplyDeleteAs claimed by katak!
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