Judicial review filed over failure to prosecute preacher

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Groups also want a declaration that the refusal to act against Syakir is unlawful and an abuse of power on the part of the police and the AG.

Syakir claimed:

  • At the end of time, disciples of non-Muslim religions will be scrambling together to kill Muslims in the world
  • Hindus and Buddhists carrying out killings of Muslims in India and Thailand
  • Dayaks butchered and raped Muslims in Indonesia and Papua New Guinea

A Sarawak-based political party and four civil society groups have filed for a judicial review against law enforcement agencies for their failure to take appropriate action against controversial Muslim preacher Syakir Nasoha.

Despite making disparaging remarks against non-Muslims in the country in two videos, so far, no action has been taken against Syakir.

The applicants who filed for the review are Parti Bangsa Dayak Sarawak president Bobby William, Human Rights Federation president S Shashi Kumar, 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 first of Syakir’s videos went viral on social media in 2017, and the second was posted on YouTube two years ago.

The five want the Kuala Lumpur High Court to issue an order of certiorari to quash the decision of the police and the attorney-general (AG) who, they say, refused to act against Syakir for remarks made at a mosque in Bakar Arang, Sungai Petani on December 16, 2017, which were captured in the first video.

They also said a second video uploaded to YouTube on October 20, 2020 had caused non-Muslims to react angrily towards Syakir.

They are seeking an order of mandamus to compel the authorities to act against the preacher.

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

The application for leave to commence judicial review proceedings has been fixed for hearing on November 1.

In July, The Malaysian Insight reported that the Attorney-General Chambers (AGC) decided not to charge the Islamic preacher over his controversial video.

This was revealed by the Bukit Aman CID Prosecution and Legal Division (D5) in a letter to a civil society movement that had started a police report campaign against Syakir.

In the letter dated June 17, the police said the AGC has ordered them not to pursue the matter any further, claiming that the matter had been taken out of context and that the video clip did not touch on religious sensitivity in the country.

On October 3, some 3,000 reports were lodged nationwide against the preacher after a video showing him making comments against other religions and the Dayak community went viral.

In the one-minute clip, the preacher can be heard saying that “at the end of time, disciples of non-Muslim religions will be scrambling together to kill Muslims in the world”.

He also claimed that Hindus and Buddhists were carrying out the killings of Muslims in India and Thailand.

He made similar statements against the Dayak community, alleging its members have butchered and raped Muslims in Indonesia and Papua New Guinea.

Syakir has since said his speech was misunderstood.

However, another wave of reports was filed against the preacher after more videos of him making incendiary comments surfaced online.

Syakir was investigated under section 505(c) of the penal code for making statements conducive to public mischief with intent to incite the community to cause them to commit an office against other communities, and section 233 of the Communication and Multimedia Act 1998 for abuse of network services. – TMI