Govt files to strike out suit

Lawsuit by 17 parties seeks to revoke Zakir’s PR status

The Government has filed to strike out a lawsuit by 17 parties who are seeking to revoke controversial preacher Dr Zakir Naik’s (pic) Malaysian permanent residency and bar him from entering the country.

Lawyer S. Karthigesan, who represented the 17 who filed the suit, said the last-minute application was filed on Wednesday despite his clients filing the originating summons in March.

“Sure, such application can be applied at any time but why do it so late? They had six months to address this,” he told reporters after the hearing in chambers.

He said he has not seen the application, but was informed that the Government’s lawyers would be arguing the case on points of law.

Judge Azizah Nawawi postponed the hearing to Sept 21, and would hear the parties in chambers.

Pribumi Perkasa Malaysia (Perkasa), which was acting as an intervenor in the matter, confirmed that it had been informed of the application.

Perkasa lawyer Adnan Seman said his clients submitted two points of law to strike out the lawsuit, saying the suit was flawed as it failed to name Zakir and that under Section 59A of the Immigration Act, a court shall not intervene in the decision of the Immigration Department unless there was procedural violation.

Outside the courtroom, Perkasa president Datuk Ibrahim Ali said he was glad the Government had stepped in, adding that if they had done so earlier,

would not have got Perkasa involved.

In the originating summons filed on March 1, Hindu Rights Action Force chairman P. Waytha Moorthy and 16 others named Home Minister Datuk Seri Dr Ahmad Zahid Hamidi, Immigration Department’s director-general, National Registration Department’s direc- tor-general, the Inspector-General of Police, and the Malaysian Government as defendants.

They are seeking a declaration that Zakir was a threat to public peace in the country’s multi-racial society and with that, an order to stop him from coming into the country or remaining here.

They also sought a court order to revoke Zakir’s permanent residency.

They said Zakir promoted terrorism, was banned from entering several other countries for alleged collaboration with terrorist groups, and had incited foreigners in Malaysia to disturb public order.

Dr Ahmad Zahid in April confirmed that Zakir had been granted permanent resident status.

qishin.tariq@thestar.com.my