MARIA CHIN ABDULLAH v. DATUK DR ZULKIFLI MOHAMAD AL-BAKRI MENTERI DI JABATAN PERDANA MENTERI (HAL EHWAL AGAMA ISLAM) & ORS

[2023] 1 MLRH 298
High Court Malaya, Kuala Lumpur
Wan Ahmad Farid Wan Salleh J
[Judicial Review Application No: WA-25-73-03-2021]
Wan Ahmad Farid Wan Salleh J

JUDGMENT

Wan Ahmad Farid Wan Salleh J:

[1] Sometime in October 2019, the applicant came to know from the media report that the Syariah High Court Judge, Federal Territory ("the Syariah Court"), had granted leave ("Leave Order") to one SM Faisal bin Tan Sri SM Nasimuddin Kamal ("SM Faisal") to commence contempt proceedings against the applicant at the Syariah Court.

[2] The applicant, who is a member of Parliament, was unaware of any contempt proceedings initiated against her. According to her, despite the wide media coverage, she was never served with the leave order purportedly issued by the Syariah Court.

[3] Curious, the applicant wrote to the Syariah Court Judge on 29 November 2019 to inquire whether there was any such Leave Order against her. The applicant also requested that the relevant cause papers, if any, be served on her to enable her to seek legal advice.

[4] The applicant was eventually served with the cause papers by the solicitors acting for SM Faisal, Messrs Akberdin & Co, on 10 December 2019, almost three months since the leave order was granted. The applicants in the contempt proceedings at the Syariah Court ("the contempt proceedings") were SM Faisal and one Puan Sri Zaleha binti Ismail.

[5] The Leave Order, which was dated 14 October 2019 inter alia, states as follows (where "Responden" refers to the applicant):

Mahkamah memerintahkan satu Notis Menunjukkan Sebab hendaklah dikeluarkan dan diserahkan kepada Responden untuk membela diri daripada dikenakan hukuman kerana melakukan perbuatan sebagai penghinaan Mahkamah pada 5 September 2019 melalui penerbitan artikel yang bertajuk 'Injustice Against Muslim Women Still Exist in Legal System' melalui laman sesawang Responden di... "

The Syariah Court also ordered the Notice to Show Cause and the Leave Order to be served personally on the applicant.

[6] The contempt application was purportedly filed under s 229(3) of the Syariah Court Civil Procedure (Federal Territories) Act 1998 ("SCPA") and O 52 of the Rules of Court 2012. Section 229(3) of the SCPA provides:

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