THE Federal Territory Islamic Affairs Department’s (Jawi) refusal to drop a charge against Borders bookstore manager Nik Raina Nik Abdul Aziz, despite a recent ruling by the High Court, has been criticized by her employer.
Yau Su Peng, chief operating officer of Borders owner Berjaya Books Sdn Bhd, said Jawi's action reflects its insincerity towards resolving the issue. She said Nik Raina has been humiliated and traumatized since being "wrongfully charged” for a Syariah offence by Jawi on June 19 last year. "We are also disappointed with the Syariah Court's decision not to drop the charge against Nik Raina.
"The civil High Court ruled in the judicial review proceeding that the Syariah criminal charge brought by Jawi was invalid, illegal and unconstitutional," Yau said in a statement. Nik Raina, 36, was charged with distributing Canadian author Irshad Manji's Bahasa Malaysia translation of the book "Allah, Liberty and Love", which the Borders bookshop carried at its outlet in The Gardens Mall, Mid Valley City, on May 23 last year.
Following the High Court ruling, the case was brought up on Monday in the Syariah Court, supposedly for Jawi to withdraw the charge. Yap said the Syariah Court's refusal to drop the charge against Nik Raina was unprecedented. "There was no prejudice to anyone if the charge was withdrawn first and the case brought to a swift end.
There was no interference whatsoever on the Syariah Court’s jurisdiction," she added. She expressed disappointment that the caution given by their counsel Rosli Dahlan “that there should be wisdom in handling this matter to avoid conflict of laws and a constitutional crisis”, was disregarded. In March this year, the Kuala Lumpur High Court found Jawi had acted illegally in raiding the bookstore and seizing the books.
It also said Jawi had acted illegally in charging Nik Raina in the Syariah Court.
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