Maria Chin files judicial review to challenge committal proceedings

KUALA LUMPUR: Petaling Jaya MP Maria Chin Abdullah has filed a judicial review application to challenge the Syariah High Court's decision to allow committal proceedings against her to proceed, for criticising the court's decision to sentence a businessman's ex-wife to jail.

Maria, 65, as the applicant, filed the application in the High Court here on March 3, naming Minister in the Prime Minister's Department (Islamic Religious Affairs), Datuk Dr Zulkifli Mohamad Al-Bakri; Kuala Lumpur Federal Territory Islamic Religious Council (MAIWP) and Federal Territory of Kuala Lumpur Syariah Judiciary Department as the first to third respondents.

In the application, Maria, among other things, applied for the civil high court to quash action and decision of the Syariah High Court on Oct 14, 2019, which she claimed had wrongly allowed the committal order and show cause notice to be issued on her, as it was against the provisions of the federal constitution and violated Rule 52 of the Rules of Court 2012 and Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585).

Maria also sought to quash the action of the third respondent (the Syariah Judiciary Department) to allow committal proceedings against her on the ground that it was 'mala fide', as it was in conflict with legal provisions as stipulated in Act 585 and Rule 52 of the Rules of Court 2012.

She also applied for a mandamus order against Zulkifli, to direct MAIWP and the Syariah Judiciary Department not to violate the applicant's basic rights, and comply with the provisions of the federal constitution.

COURT-MARIA CHIN 2 (LAST) KUALA LUMPUR

On Dec 4 last year, Maria was ordered to show cause in the committal proceedings, as to why she should not be charged with contempt of court for criticising the Syariah High Court's decision.

This was due to the court rejecting her application for an extension of time to challenge the court's decision to allow committal proceedings to be initiated against her.

The application to initiate the committal proceedings was filed by the said businessman, following Maria's comment questioning the court's decision to impose a jail sentence against the businessman's ex-wife.

Meanwhile, lawyer Rosli Dahlan, who represented Maria, said the court had set May 31 for the hearing of the judicial review leave application.

He said this to reporters after the proceedings before High Court Judge, Datuk Noorin Badaruddin, in chambers today, which should have been set for the hearing of the judicial review leave application.

Senior federal counsel Ahmad Hanir Hambaly, who represented all the respondents, said that the Attorney-General's Chambers would object to the application.

He said that the committal proceedings were set for June 4, to enable the leave application to be heard first.

-- BERNAMA