A GROUP of five organisations led by Global Human Rights Federation (GHRF) failed in their legal bid to compel the attorney-general (AG) and inspector-general of police (IGP) to prosecute controversial Islamic preacher Syakir Nasoha for his alleged disparaging remarks against non-Muslims. 

High Court judge Ahmad Kamal Md Shahid this afternoon denied leave to the organisations – GHRF, Parti Bangsa Dayak Sarawak, Sarawak Association for People’s Aspiration, Ex-Students of Chinese Schools, and Pertubuhan Malaysia Tamilar Munnetra Kalagam – to proceed. 

Ahmad Kamal ruled that the applicants failed to provide prima facie evidence that the AG made a mala fide (bad faith) decision to take no further action (NFA).  

The judge pointed out that this was especially so when the AG’s decision was based on discovering that the uploaded portion of Syakir’s speech, which went viral, had been edited.  

GHRF president S. Shashi Kumar said they would appeal the decision at the Appellate Court.   

“We are truly dissatisfied and disappointed with the decision given today,” Shashi told The Malaysian Insight.  

During the proceeding, Ahmad Kamal said as the AG’s power to initiate prosecution is cloaked with a strong presumption of legality as per Article 145(3) of the Federal Constitution, the applicants must provide more evidence than mere police reports and the quoting of online excerpts of the speech. 

The judge pointed out that legal precedents showed only in rare and exceptional circumstances could the courts be allowed to review an AG’s decision not to prosecute someone. 

“This court is of the view that the applicants must come to the court with more than just police reports and quotes of the speech. Without more evidence, this court has no power to intervene in the issue of the AG’s discretion,” he said. 

The judge also pointed out that the judicial review also wrongly named the IGP as one of two respondents targeted by the judicial review as the top cop was not the decision-maker behind the NFA. The other respondent is the AG.

Ahmad Kamal also made an order as to costs. Lawyer Keshvinjeet Singh acted for the five organisations, while senior federal counsel Ahmad Hanir Hambaly @ Arwi appeared for the IGP and AG. 

Last September, the groups turned to the civil court over the authorities’ classification of the case against Syakir as NFA in relation to the preacher’s 2017 speech at Masjid Abu Bakar in Sungai Petani, Kedah. 

On October 3, some 3,000 reports were lodged nationwide against the preacher after a video showing him making comments against other religions and the Dayak community went viral.

In the one-minute clip, the preacher could be heard saying “at the end of time, disciples of non-Muslim religions will be scrambling together to kill Muslims in the world”. 

He also claimed that Hindus and Buddhists were carrying out the killings of Muslims in India and Thailand.  

Last year, however, the AG Chambers decided not to charge Syakir over his inflammatory remarks, classifying the case as NFA. 

“The relevant investigation papers were referred to the AGC on December 13, 2021 and was ordered to NFA the case as the content of the video was edited from the original sermon of 1 hour 29 minutes and 34 seconds, made by said person in 2017 at Abu Bakar Mosque, Bakar Arang, Sg. Petani, Kedah. 

“Judging from the overall context, the video content of the original speech did not contain any statement that touched on religious sensitivity in Malaysia,” the letter from AGC read. – September 26, 2023.