Reasons given for review application

The review application follows the failure to get HERALD’s leave application to appeal against the Home Minister’s ban.

Jan 15, 2015

KUALA LUMPUR: The review application follows the failure to get HERALD’s leave application to appeal against the Home Minister’s ban.

Broadly, there are three grounds for the review appeal.

The FIRST was that there were certain legal issues central to the leave application that were not considered by the Federal Court, such as the scope of Articles 3 and 11 of the Federal Constitution.

Article 3 states that Islam is the official religion of the Federation while Article 11 touches on freedom to practise one’s religion. The Church further contended that the minister's decision to prohibit the use of the word ‘Allah’ in the HERALD had also taken into account a theological consideration.

The SECOND ground was that the apex court’s majority judgment decided on certain legal issues, which were neither argued nor raised by the parties before the Federal Court or the Court of Appeal, such as the constitutional validity of Section 9 of the Anti-Propagation Enactment.

The THIRD ground is that the HERALD’s case is one of the most important constitutional cases to come before the apex court, especially where minority rights are concerned. Lawyer Ben Dawson, one of the HERALD’s Legal team said that there existed a public-interest factor to support the review application. --The Malaysian Insider

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