Syariah judge Azzeman Omar adjourned the decision, pending the Federal Territories Religious Department’s (Jawi) appeal at the Federal Court. “The court is of the view that what took place in the civil court has yet to end, since Jawi filed an appeal on January 20.”
“The Syariah Court needs to be ‘fair to both Syarie and the accused’.”
The next mention date was fixed for November 1, pending disposal of the appeal.
The bail of RM6,000 was retained.
On March 27, 2014 Kassim faced two charges under Syariah Criminal Offences Act (Federal Territories) for allegedly insulting Islam and disobeying the religious authority.
On May 6, Jawi added another charge against him under the same Act.
Subsequently, he filed for a judicial review to strike out the syarie chief prosecutor’s decision to prosecute him for allegedly insulting Islam and defying the religious authorities.
Kassim, as applicant, named Minister in the Prime Minister’s Department Jamil Khir Baharom, chief Syarie prosecutor, Jawi and the government as respondents.
On January 6 last year, the 82 year-old failed in a judicial review to challenge Jawi’s prosecution against him.
The High Court ruled that his case fell under the Syariah jurisdiction and that he should bring the case to the Syariah appeal court.
However, on December 21, the Court of Appeal allowed his application and declared the religious arrest and prosecution was wrong.