Karpal wants full bench in 'Allah' case
Hafiz YatimPublished: Jan 10, 2014 2:50 PM | Updated: Jan 10, 2014 7:13 PM
Senior lawyer Karpal Singh has called for a full bench sitting by the Federal Court to hear Catholic weekly The Herald 's appeal to ensure a finality in the matter.
UPDATED 6.45PM
He says a full bench decision may finally solve the matter.
VIDEO | 1.02 min
Senior lawyer Karpal Singh has called for a full bench sitting by the Federal Court to hear Catholic weekly The Herald's appeal to ensure a finality in the matter.
"The Federal Court should comprise a full bench to decide the matter of the use of 'Allah' by The Herald for a solution, once and for all. This is due to the significance and importance of the issue," he said.
“That is the possible solution, the Federal Court should constitute a full bench and decide,” he stressed, adding that the case should be given priority to be heard as after the application was filed they should fix a date.
Karpal (right) noted that a decision would bring about a closure or finality to the matter as it could be the only way out.
The apex court has fixed Feb 24 to hear the leave (permission) to appeal in The Herald's case.
While the lawyers of The Herald had applied leave, the six state Islamic councils had filed applications to oppose it in saying the Court of Appeal decision had made a finding of fact.
A full bench can comprise up to 13 judges and would be more authoritative compared with a three-member panel and such a sitting would ensure finality to the controversy.
So far, the Federal Court has never had one, the most was a seven-member panel on a landmark case in 1997 concerning S Arulpragasam.
The Court of Appeal last October disallowed the Catholic weekly in using the word ‘Allah’ in its Bahasa Malaysia publication.
This effectively overturned the KL High Court’s decision declaring the Home Ministry's ban on the use of the word by The Herald as illegal.
Besides the Chief Justice, Arifin Zakaria, those who sit at the Federal Court comprise of Court of Appeal president Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, and Chief Judge of Sabah and Sarawak Richard Malanjum.
In addition, there are 10 judges at the Federal Court. However, it is noted that Justice Mohamed Apandi Ali - who was recently elevated - cannot hear the case as he chaired and heared the appeal to the Herald case at the Court of Appeal.
That leaves the case with Justices Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop, Hasan Lah Zaleha Zahari, Zainun Ali, Jeffrey Tan Kok Wha, Abu Samah Nordin and Ramly Ali.
Senior lawyer Karpal Singh has called for a full bench sitting by the Federal Court to hear Catholic weekly The Herald's appeal to ensure a finality in the matter.
"The Federal Court should comprise a full bench to decide the matter of the use of 'Allah' by The Herald for a solution, once and for all. This is due to the significance and importance of the issue," he said.
“That is the possible solution, the Federal Court should constitute a full bench and decide,” he stressed, adding that the case should be given priority to be heard as after the application was filed they should fix a date.
Karpal (right) noted that a decision would bring about a closure or finality to the matter as it could be the only way out.The apex court has fixed Feb 24 to hear the leave (permission) to appeal in The Herald's case.
While the lawyers of The Herald had applied leave, the six state Islamic councils had filed applications to oppose it in saying the Court of Appeal decision had made a finding of fact.
A full bench can comprise up to 13 judges and would be more authoritative compared with a three-member panel and such a sitting would ensure finality to the controversy.
So far, the Federal Court has never had one, the most was a seven-member panel on a landmark case in 1997 concerning S Arulpragasam.
The Court of Appeal last October disallowed the Catholic weekly in using the word ‘Allah’ in its Bahasa Malaysia publication.
This effectively overturned the KL High Court’s decision declaring the Home Ministry's ban on the use of the word by The Herald as illegal.
Besides the Chief Justice, Arifin Zakaria, those who sit at the Federal Court comprise of Court of Appeal president Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, and Chief Judge of Sabah and Sarawak Richard Malanjum.
In addition, there are 10 judges at the Federal Court. However, it is noted that Justice Mohamed Apandi Ali - who was recently elevated - cannot hear the case as he chaired and heared the appeal to the Herald case at the Court of Appeal.
That leaves the case with Justices Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop, Hasan Lah Zaleha Zahari, Zainun Ali, Jeffrey Tan Kok Wha, Abu Samah Nordin and Ramly Ali.
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