PUTRAJAYA – The Federal Court here today dismissed an application by two activists seeking leave to challenge the attorney-general’s (AG) decision to not prosecute preachers Muhammad Zamri Vinoth Kalimuthu and Firdaus Wong for allegedly insulting Hindus.
A three-member panel of judges comprising justices Datuk Harmindar Singh Dhaliwal, Datuk Abdul Karim Abdul Jalil, and Datuk Vazeer Alam Mydin Meera dismissed the application for leave brought by S. Sivakumar and M. Rajasegaran.
Justice Harmindar said the issues raised by the duo have been resolved in the case of Sundra Rajoo and there is no merit in their leave application for the issues to be recanvassed before the Federal Court.
“We find the application for leave does not meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964,” he said.
He said the AG or the public prosecutor does not have absolute or unfettered discretion under Article 145 (3) of the Federal Constitution as such discretion is amenable to judicial review inappropriate, rare and exceptional cases and the law on this is well settled.
Sivakumar and Rajasegaran had sought leave to proceed with their appeal to the Federal Court contesting the rulings of both the Court of Appeal and the high court.
They wanted the court to determine two legal questions on the AG’s discretion to prosecute.
In their application, they sought to declare that the AG’s decision not to charge the Muslim converts (Zamri and Firdaus) as recorded in the Shah Alam magistrates court on April 26, 2021 as invalid and void.
They also sought a mandamus order to compel the AG to institute criminal proceedings against the preachers.
Sivakumar and Rajasegaran contended that in another case where a member of a non-governmental organisation sought to initiate a private suit against Zamri and Firdaus, the prosecution informed the magistrates’ court that the police had classified the reports against the two individuals as “no further action”.
On December 1, last year, the Court of Appeal dismissed the duo’s appeal.
Senior federal counsel Ahmad Hanir Hambaly @ Alwi appeared for the AG, while lawyer T. Gunaseelan represented Sivakumar and Rajasegaran. – May 6, 2024