S Shashi Kumar, president of the Global Human Rights Federation (GHRF), wants to prosecute Firdaus and Zamri for allegedly insulting the faith and religious practices of non-Muslims.
A three-member bench chaired by Justice Ahmad Zaidi Ibrahim said they needed time to deliberate on the submissions presented.
Also on the panel were Justices Nazlan Ghazali and Zaini Mazlan.
The matter is now fixed for case management on June 7 for the court to fix the date of its decision.
Earlier, lawyer S Ravichandran told the court that Shashi had lodged reports against the duo for seven seizable and non-seizable offences.
He submitted that a magistrate in Shah Alam should have proceeded to hear the complaint against Firdaus despite the police classifying the matter as requiring “no further action” (NFA).
Ravichandran said there was nothing in law to prevent the magistrate from inquiring into the matter despite the “NFA” classification.
The lawyer also said magistrate Redza Azhar Rezali was wrong to ignore the status of police investigations into a separate report Shashi made against Zamri.
“The magistrate should not have shut the door on the appellant (Shashi) by refusing to examine his grievances,” he said.
“We ask this court to order a magistrate to examine the appellant on whether he can make out a case to begin private prosecution for non-seizable offences.”
Meanwhile, deputy public prosecutor Soleha Noratikah Ismail told the court that the presiding magistrate had been informed by DPP Ainul Amirah Abdul Razak of the status of police investigations into the report against Zamri.
“The magistrate acted judicially in refusing to examine the appellant’s complaints as the police investigation was then ongoing,” she said, referring to Redza’s dismissal of Shashi’s complaint on Sept 3, 2021.
Soleha said a magistrate could only act under Section 133 of the Criminal Procedure Code if the police did not investigate a non-seizable offence.
Redza, she said, had ruled that Shashi’s complaint against Firdaus and Zamri could not be entertained as they were alleged to have committed seizable offences.
Shashi is seeking to prosecute Firdaus for allegedly insulting persons of the Hindu faith through postings on Facebook and YouTube.
In a statutory declaration, Shashi said he had lodged a police report against Firdaus in January 2018 after having seen his postings on the two social media platforms.
In a separate statutory declaration, Shashi said he had also lodged a police report against Zamri in June 2020, for allegedly insulting Hindu rituals and practices via postings on his Facebook account.
Shashi said he had inquired with the police as to the status of his reports against the two but received no response.
Last year, the High Court in Shah Alam also dismissed Shashi’s appeal from the magistrate’s decision.