S Sivakumar and M Rajasegaran want a declaration that the attorney-general’s decision not to charge Muhammad Zamri Vinoth Kalimuthu and Firdaus Wong as recorded in the Shah Alam magistrates’ court on April 26 is invalid and must be quashed.
They also want an order from the court for the attorney-general to file charges against the duo, said to be linked to controversial preacher Zakir Naik.
Sivakumar and Rajasegaran filed the application last week through Messrs Gunaseelan & Associates and the cause papers have been served on the attorney-general, named as the respondent.
Case management has been fixed before judge Ahmad Kamal Md Shahid on Sept 15.
The action was filed after deputy public prosecutor Ainul Amirah told the magistrate that the attorney-general had no plans to prosecute Zamri and Firdaus.
Ainul said the attorney-general was unwilling to prosecute Perlis-based preacher Zamri and Multiracial Reverted Muslims founder and president Firdaus as police had classified their cases as “no further action” (NFA).
Former air steward S Shashi Kumar is attempting to conduct a private prosecution against the duo and the matter is pending at the Shah Alam magistrates’ court.
Shashi Kumar wants an order from the magistrate under Section 133 of the Criminal Procedure Code for charges to be brought against them under the Sedition Act, the Penal Code and the Communications and Multimedia Act.
Sivakumar, who affirmed an affidavit in support of the judicial review application, said the attorney-general was given the discretionary power under Article 145(3) of the Federal Constitution to institute, conduct and discontinue criminal proceedings.
He said he was aware that Shashi Kumar had started proceedings at the magistrates’ court and that the NFA classification was unreasonable and disproportionate .
He said he lodged a police report against Zamri on April 24, 2019 after finding that the preacher had posted statements on his Facebook page that allegedly insulted the Hindu religion and its rituals.
“This is intended to incite hatred and insult those practising the religion,” he said, adding that there were many others who filed police reports against Zamri.
Sivakumar said he was advised by his lawyers that Zamri had violated several penal laws and should be prosecuted.
He also said a report was lodged against Firdaus on Jan 21, 2018 for allegedly insulting non-Muslim faiths on Facebook and YouTube.