Iksim CEO fails in bid to strike out Khalid Samad’s suit

TheHighCourt yesterday dismissed an application by Malaysian Islamic Strategic Research Institute ( IKSIM) chief executive officer, Professor Datuk Mahamad Naser Disa to set aside a suit filed by Shah Alam MP, Khalid Abdul Samad in relation to the Syariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 or Act 355.

Judicial Commissioner Justice Rohani Ismail made the decision in chambers, in the presence of counsels Ahmad Kamal Abu Bakar and Arik Zakri representing Mahamad Naser as defendant, and lawyer Mohd Faizal Abdullah appearing for Khalid who is the plaintiff.

Ahmad Kamal told reporters that the case would resume in a two- day trial, beginning Nov 13, following the court’s dismissal of his client’s application.

Mohd Faizal, on the other hand said the application by the defendant ( Mahamad Naser) was rejected after the court found that the suit should be heard.

On Jan 30, Mahamad Naser sought to set aside the suit on the grounds that it was an abuse of the court process, humiliating, trivial and inconvenient, as the court was being used as a platform for political mileage over the Act 355 issue.

On March 15, both parties were advised to go through the mediation process, but failed to resolve the matter.

In December last year, Khalid sued Mahamad Naser after claiming that the defendant ( Mahamad Naser) had touched on the Act 355 issue in a seminar organised by the Selangor Islamic Religious Department (JAIS) at 9.50am on Sept 28, 2017 at the Tengku Ampuan Jemaah Mosque, Bukit Jelutong in Shah Alam.

Khalid claimed that Mahamad Naser in a lecture entitled, `Discourse on current issues and Selangor state legislation: Doctrine: Challenges and Constitution,’ had among other matters, described that the plaintiff was strongly against the Act 355, against the implementation of Islamic law including hudud, and opposed efforts to empower the Syariah Courts.

The plaintiff claimed that the statement was made with malicious intent which had marred his image as Shah Alam MP.

Khalid is seeking general, aggravated and exemplary damages, apart from demanding the defendant to issue an apology. — Bernama