Refer Bible issue to court, sultan orders Jais

Jun 26, 2014

SHAH ALAM: Selangor Sultan Sharafuddin Idris Shah today ordered the state Islamic department (Jais) to promptly refer the issue of whether to return or destroy the seized 321 copies of the Bible to the prosecutor and court for final determination.

This, the ruler said, is in line with the minutes issued by the Attorney-General’s Chambers that Jais takes the next appropriate action according to the law.

“Jais should promptly refer to the state public prosecutor for it to be taken to court for final determination,” the sultan said in a statement issued by his private secretary Mohamad Munir Bani. However, the ruler did not state which court — civil or syariah — the matter should be referred to.

This action, the sultan said, is to ensure that the law is upheld and would not affect the sensitivity of the two parties involved.

The sultan said the issue should not be politicised by any quarter to cause confusion by proposing solutions which are not based on the law.

“Do not use this issue to promote your self-interest and make political gains for your groups,” he warned.

He said religion is a sensitive issue, and people should be careful in making comments.

“Those who are not directly involved should refrain from making any irresponsible comments or meddle in the situation and worsening it further,” the ruler said.

A lawyer, familiar with such procedures, said the sultan’s instruction is the right move and is normal procedure, but some people may not understand this.

He said although the matter was cleared by the attorney-general, the item seized is still considered a contraband.

“It’s like a drug case, or someone who has sensitive documents on the country, but the prosecution decides not to charge the person; are the items returned? Certainly not.”

“So in this case, the matter can be brought to court where the prosecutor will bring the case and the Bible Society of Malaysia (BSM) can be present for adjudication for the court to decide whether these items could be returned or otherwise.

“This is the proper way for the matter to be brought to court to decide,” said the lawyer who declined to be identified.

Selangor Islamic Affairs Council (Mais) chairperson Mohamad Adzib Mohd Isa had on June 14 said it would act under Section 407 of the Criminal Procedure Code to get a court order on whether the item is produced or impounded.

The section states that the court can order either forfeiture, confiscation or destruction of the items.

BSM: Unlawful to keep our bible
Meanwhile, BSM said the fact that the attorney-general had closed the case meant the copies of the Bible should be returned immediately.

“Jais’ insistence that it intends to hold on to the seized copies pending a court order for the release pursuant to the Criminal Procedure Code is therefore without foundation.”

“More importantly, it is a total disregard for the provisions of the Federal Constitution and an absolute breach of the rule of law,” BSM president Ng Moon Hing said in a statement.

He added that if the holy books are deemed unlawful, then it is “absolutely unacceptable” for Jais or Mais to speak of disposing the items. -- Malaysiakini