SHAH ALAM – A businessman has initiated an application to commence private prosecution against two Muslim converts for allegedly insulting non-Islamic faiths and their religious practices at the magistrates’ court here.
Magistrate Mohamad Redza Azhar Rezali ordered S. Shashi Kumar to submit a written submission by April 19 detailing the justifications behind the application.
He also set the next hearing date on April 26.
Shashi initiated the action against Multiracial Reverted Muslims (MRM) founder and president Firdaus Wong Wai Hung and Perlis-based preacher Zamri Vinoth Kalimuthu, both of whom are allegedly linked to controversial preacher and Indian national Zakir Naik.
Both, Shashi alleged, have insulted non-Islamic religions, especially Hinduism via Facebook and YouTube.
In a statement, Shashi said he had lodged several police reports against Firdaus and Zamri since January 2018 after having seen the content on their social media platforms.
“I have also in October 2018 submitted a memorandum (attached with evidence) to the Prime Minister’s Office, Communications and Multimedia Ministry, Home Ministry, the Islamic Development Department (Jakim), Attorney-General’s Office, Unity and Social Wellbeing Ministry and Bukit Aman.
“I have continued to appeal throughout three government administrations namely, Barisan Nasional, Pakatan Harapan and Perikatan Nasional but none have taken any action on the matter.
“I have even brought the matter to the attention of the Interfaith Consultative Council,” he said when met outside the court complex today.
Queries with the police on the status of his reports against the duo, he said led to no response.
Lawyer T. Gunaseelan and S. Ravichandran, who are representing Shashi, said their client filed the complaint under Section 133 of the Criminal Procedure Code during the first week of January.
“There are several precedents whereby magistrates have allowed individuals to conduct prosecution for certain offences,” Gunaseelan said.
Gunaseelan said today’s hearing was made in the presence of the deputy public prosecutor (DPP), whereby the magistrate raised the question of a private prosecution after police closed the investigation file or declared it as no-further action (NFA).
“Despite our oral submission that private prosecution can be applied regardless (of the outcome of police investigations), the magistrate ordered us to research the matter prior to submitting a written submission.”
Gunaseelan said his client would leave it to the prosecution should they opt to act on police reports, provided the DPP was willing to take it up.
If the DPP opted to act otherwise, Gunaseelan said Shashi will continue to apply for the authority to prosecute both individuals.
DPP Ainul Amirah appeared on behalf of the Attorney-General’s Chambers. – The Vibes, March 12, 2021
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