Federal Court dismisses Maria Chin's bid to appeal Shariah contempt proceedings
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 Maria's 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 her appeal.
He said the issue relating to the jurisdiction of the Shariah 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.
He said Maria failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.
The Shariah 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 Shariah High Court, and his request was granted by the court.
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 Shariah High Court's decision.
Maria 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 Shariah Judiciary Department as respondents.
On Aug 22, 2022, the Civil High Court granted her leave to commence the judicial review, but this decision was overturned by the Court of Appeal on Nov 27 last year when it allowed an appeal by the Attorney General's Chambers (AGC).
In April 2022, the Shariah High Court sentenced Maria to seven days in prison for contempt. Maria, however, 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 media that Maria has to go back to the Shariah Appeals Court for 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
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