PUTRAJAYA: The Court of Appeal has dismissed an attempt by two individuals to commence a legal challenge against the attorney-general for refusing to charge preachers Zamri Vinoth and Firdaus Wong for allegedly insulting Hindus.
Justice Azizah Nawawi, who led a three-member panel, held that S Sivakumar and M Rajasegaran failed to satisfy the legal requirements for leave to be granted for them to proceed with a judicial review application.
Also on the panel were Justices See Mee Chun and Zaini Mazlan.
Azizah said the attorney-general would have considered in their entirety the contents of the investigation papers in both cases, and not just the preachers’ social media posts, before making a decision on whether to charge them.
The court made no order for costs.
Sivakumar and Rajasegaran had lodged police reports against Zamri and Firdaus between 2018 and 2019 for allegedly insulting Hindus.
They claimed that numerous police reports were lodged against them but the attorney-general failed to file charges.
They also noted that the prosecution, in a separate proceeding involving an application by an NGO member to commence private prosecution against Zamri and Firdaus, had informed the magistrates’ court that the cases were classified by the police as requiring “no further action” (NFA).
Sivakumar and Rajasegaran sought an order to quash the “NFA” decision.
The application was disallowed by the High Court last year.