PUTRAJAYA, June 23 – The Federal Court here Monday denied the Catholic Church leave to appeal to the Federal Court to lift the government’s ban on the use of the word ‘Allah’ to refer to God in its weekly Herald’s Bahasa Malaysia section.
The seven-member panel led by Chief Justice Tun Arifin Zakaria delivered a majority 4-3 decision against the church.
Justice Arifin, in his ruling, said that the Court of Appeal had applied the correct test, which was the objective test, and hence it (Court of Appeal) was also correct to overturn the High Court’s decision.
There are four judgments, with one of them, which was delivered by Justice Arifin and concurred by Court of Appeal President Tan Sri Md Raus Sharif, Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin and Federal Court judge Tan Sri Suriyadi Halim Omar, against the church.
Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Datuk Zainun Ali and Tan Sri Jeffrey Tan Kok Wha gave a dissenting judgment in favour of the church.
Following this decision, the Oct 14, 2013 Court of Appeal decision prohibiting the Herald from using the word stands as correct in fact and law because the church cannot file any appeals anymore.
On Dec 31, 2009, the High Court declared that the decision by the Home Ministry in banning the Herald from using the word Allah was illegal, null and void. The Court of Appeal had set aside the High Court’s decision.
The Roman Catholic church, led by Kuala Lumpur Archdiocese Archbishop Emeritus Murphy Pakiam, filed a judicial review application in 2009 naming the Home Ministry and the government as respondents.
It sought, among others, a declaration that the ministry’s decision to prohibit the use of the word Allah in the Herald publication was illegal. Meanwhile, more than 300 supporters from several non-governmental organisations (NGOs) gathered in the compound of the Palace of Justice to wait for Federal Court’s decision on the case.
The supporters, including from Pertubuhan Islam Gabungan Amal (PER3), Pertubuhan Pribumi PERKASA and PEKIDA, began gathering at the compound as early as 7.30am, with a few of them carrying banners. Also seen was PERKASA president Datuk Ibrahim Ali.
– BERNAMA
