KUALA LUMPUR – A private prosecution action against Muslim preachers Muhammad Zamri Vinoth Kalimuthu and Firdaus Wong Wai Hung for causing disharmony on the grounds of religion was today dismissed by the Shah Alam magistrates’ court.
The action was filed by Shashi Kumar pursuant to Section 133 of the Criminal Procedure Code.
In the decision summary, magistrate Mohamad Redza Azhar Rezali said a private prosecution action requires an examination of the complainant, subject to the determination of several conditions as listed below:
- Are there investigation papers opened against Zamri and Firdaus?
- If there are investigation papers, what is the status of the investigations?
- If the status is categorised as no further action (NFA), can the court intervene?
Redza in his judgment said these questions are crucial for the court to determine first, as it is possible that the judiciary may interfere with powers that are special to the public prosecutor.
“The court is of the view that if it initiates its own inquiries, it may interfere with ongoing investigations.
“If the status of investigations is NFA, the court may act beyond its powers by interfering with the prosecutor’s powers, which goes against the law.”
Based on this reasoning, he rejected the application, given that the prosecution has confirmed that investigation papers have been opened and probes are under way.
To continue proceedings would be premature and the offence complained of is a “seizable offence”, he said, adding that private prosecution actions are reserved for non-seizable offences.
For seizable offences, police can arrest a suspect without a warrant, while non-seizable offences require a warrant.
Shashi initiated the private prosecution action against Firdaus and Zamri with the belief that the duo committed an offence under Section 298A of the Penal Code with regard to statements touching on religious sensitivities posted on their social media accounts. – The Vibes, September 3, 2021
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