Malaysia

Five groups take IGP, AG to court over failure to prosecute preacher Syakir Nasoha

After NFA classification, they say nation’s highest prosecutor failed to carry out his constitutional duties

Updated 3 years ago · Published on 01 Nov 2022 2:06PM

Five groups take IGP, AG to court over failure to prosecute preacher Syakir Nasoha
The Global Human Rights Federation are among five groups pursuing legal action over the authorities’ failure to prosecute controversial preacher Syakir Nasoha. The other four groups are Parti Bansa Dayak Sarawak, Sarawak Association for People’s Aspiration, Ex-Students of Chinese Schools, and Pertubuhan Malaysia Tamilar Munnetra Kalagam. – The Vibes file pic, November 1, 2022

KUALA LUMPUR – Five groups are seeking a judicial review here over the “No Further Action” (NFA) decision by the attorney-general and police on controversial preacher Syakir Nasoha.

The groups are led by Global Human Rights Federation (GHRF) president S. Shashi Kumar with Parti Bansa Dayak Sarawak president Bobby William, Sarawak Association for People’s Aspiration president Ng Kim Ho, Ex-Students of Chinese Schools vice-president Chan Tuck Loong and Pertubuhan Malaysia Tamilar Munnetra Kalagam president K Sri Ramesh.

The application was filed at the high court here on September 15 and case management is set for today.

The five, who filed the application through Messrs Gunaseelan & Associates, also want a declaration that the refusal to act against Syakir was unlawful and an abuse of power on the part of police and the AG.

The applicants are seeking an order of mandamus to compel the authorities to act against the preacher and a declaration that the AG’s decision was arbitrary and violated Article 8 of the federal constitution.

They also said the AG had failed to carry out his duties as required under Article 145 of the federal constitution.

This comes after a reply to Shashi from Bukit Aman’s D5 unit under the Special Crime Division on June 17 stating that the investigation paper had been submitted to the Attorney-General’s Chambers (AGC) on December 13, 2021, and that the case had been classified as NFA.

“But here they (AGC and police) are only talking about one video which is enough to convict Syakir Nasoha under the Sedition Act. What about the other three videos?” said Shashi in a statement today.

He claimed the videos propagate racism, fanaticism and extremism that threatens racial harmony and national unity.

Shashi also alleged that this was not the first time such reports lodged had been classified as NFA with regards to Muslim preachers insulting and making defamatory speeches and statements about non-Islamic religions.

Similar police reports were lodged against preachers Zamri Vinoth Kalimuthu and Firdaus Wong Wai Hung, with the latest against Idris Sulaiman on January 13.

Shashi said that GHRF supported by 62 NGOs had submitted a memorandum to Bukit Aman, the Attorney-General’s office, the Islamic Development Department (Jakim), the Prime Minister’s Office, and Istana Negara but the efforts were in vain.

He added that there are three active cases pending in the court regarding allegations of insulting non-Islamic religions in this country.

On October 1 last year, a one-minute video of Syakir saying that “at the end of time, disciples of non-Muslim religions will be scrambling together to kill Muslims in the world” made the rounds on social media and WhatsApp. He specifically referred to Hindus, Buddhists and Dayaks wanting to annihilate Muslims.

Later, Syakir posted an explanation video after numerous police reports were lodged against him by civil society groups and members of the public.

In his explanation, he claimed that the editing of his video caused the excerpts to be misunderstood. He added that the sermon was only meant for Muslims with no intention of having it recorded or shared with others.

On October 6 last year, Bukit Aman Criminal Investigation Department director Datuk Seri Abdul Jalil Hassan had stated that police are investigating the viral video clip. – The Vibes, November 1, 2022

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