Scholar Kassim Ahmad has failed in his judicial review application to declare his arrest at his home in Kulim, Kedah, by the Federal Territory Islamic Department (Jawi) and its charge against him, as illegal and unlawful.

High Court judge Asmabi Mohamad told Kassim in the Kuala Lumpur courtroom this morning that there is remedy that the octogenarian could seek from the Syariah High Court and Syariah Court of Appeal.

The Syariah High Court and Syariah Court of Appeal have supervisory and revisionary powers under Section 51 of the Administration of Islamic Law (Federal Territories) Act 1993, she noted.

"He should go to that avenue, as there is remedy there. The Syariah High Court is the best to judge the offence in the precept of Islam.

"This court is reluctant to provide the declaratory relief that Kassim seeks," Justice Asmabi said in dismissing the 82-year-old’s application for the judicial review.

Kassim was initially charged in the Lower Syariah Court, with two charges of deriding Islam, before being charged again in the Putrajaya Syariah High Court. Another charge was levelled on the octogenarian but not read out.

The academician has been charged under Section 7 and 9 of the Federal Territory Syariah Offences Act.

“In view, it falls within the jurisdiction of the syariah court with offences under Section 7 and 9 concerning the Islamic precept, then the matter should be at the syariah court and not this civil court,” ruled Justice Asmabi.

However, she ruled, as in the Borders bookstore case, it (the civil court) has jurisdiction to determine on matters pertaining to the syariah court.

Following today's decision, Kassim's lawyer Rosli Dahlan (right) immediately applied for a stay of the proceedings, since the Syariah High Court has fixed Jan 14 to hear the charge against Kassim.

However, senior federal counsel Maisarah Jauhari said a written application should be made to apply for a stay.

Justice Asmabi then fixed Jan 12 (Monday) to hear the application for a stay, and she objected to a verbal application.

Throughout the verdict today, Justice Asmabi did not address the alleged constitutional violations made by Jawi - in arresting Kassim at his home in Kulim, Kedah - despite Jawi only having authority in the Federal Territory.

She also made no order as to the costs, despite Maisarah having asked for RM5,000 in costs.

Kassim: I am a fighter

She only said that Kassim could address the violations following the arrest, bail and other civil liberties violations, in a civil suit before this court.

Kassim named Minister in the Prime Minister's Department Jamil Khir Baharom (left), Jawi and its chief syariah prosecutor, and the Malaysian government as respondents, following his arrest and charge.

The charge is related to a controversial talk he delivered in February last year, at a seminar organised by Yayasan Kepimpinan Perdana in Putrajaya.

In arresting Kassim in March last year, Jawi had broken down his door and searched his house.

Kassim or ‘Pak Kassim’ as he is usually called, said he will appeal today's decision.

"I am not disheartened by this decision, by today's decision, as I am a fighter. I fight for a righteous cause," he told reporters outside the court.

Among those in the public gallery included social activist Marina Mahathir, former Minister in the Prime Minister's Department Zaid Ibrahim, and Just World president Chandra Muzaffar.