PUTRAJAYA, June 26 — Former Petaling Jaya MP Maria Chin Abdullah cannot proceed with her appeal in the Federal Court to challenge the Court of Appeal’s decision in denying her leave to challenge a show-cause notice issued by the Syariah High Court for contempt.
This followed today’s decision by a three-member bench of the Federal Court, consisting of Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais, and Datuk Vazeer Alam Mydin Meera, in dismissing her application to obtain leave to appeal against the appellate court’s decision.
Justice Nordin, who chaired the bench, said there was no novel issue warranting the Federal Court to hear and determine Maria's appeal.
He said the issue relating to the jurisdiction of the Syariah Court and Civil Courts under Article 121 (1A) of the Federal Constitution was made clear in previous court cases, including a recent one on a woman’s challenge against her religious status.
Maria failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.
The Syariah High Court had issued the show cause notice in 2019 after Maria, 68, commented on the court’s decision to impose a prison sentence on Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin.
Faisal, through his lawyers, had sought leave to initiate contempt proceedings against Maria at the Syariah High Court, and the court granted his request.
A show cause notice was subsequently issued to Maria in 2019, requiring her to explain why she should not be held in contempt for criticising the Syariah High Court’s decision.
She then sought leave to commence a judicial review application in the Civil High Court in 2021, naming the then-minister of religious affairs Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Syariah Judiciary Department as respondents.
On August 22, 2022, the Civil High Court granted Maria leave to commence the judicial review, but this decision was overturned by the Court of Appeal on November 27 last year when it allowed an appeal by the Attorney-General’s Chamber (AGC).
In April 2022, the Syariah High Court sentenced her to seven days in prison for contempt. However, Maria did not attend the hearing as she was hospitalised at the time.
Meanwhile, lawyer Datuk Akberdin Abdul Kader, who held a watching brief for Faisal today, told the press that Maria must return to the Syariah Appeals Court to pursue her appeal against the sentence.
In today’s proceeding, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Federal Counsel Mohammad Sallehuddin Md Ali appeared for the Attorney-General/s Chamber, while lawyers Rosli Dahlan and Bahari Yeow Tien Hong represented Maria.
Lawyers Datuk Zainul Rijal Abu Bakar and Mohamed Haniff Khatri Abdulla held a watching brief for MAIWP.
— Bernama
