Court Rejects Prosecution Bid Against 2 Muslim Preachers

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The Court of Appeal today ruled against an activist’s application to commence private prosecution against two Muslim preachers who purportedly insulted non-Islamic religions and practices.
A three-person bench chaired by judge Ahmad Zaidi Ibrahim delivered the decision this morning, in the appeal by S Shashi Kumar over the lower court’s refusal to proceed with the private prosecution bid under Section 133 of the Criminal Procedure Code against Muhammad Zamri Vinoth and Firdaus Wong.
Shashi told Malaysiakini that the court cited Article 145 of the Federal Constitution to reject his application.
“They (the judge) said we cannot proceed with the private prosecution because of Article 145, because the attorney-general holds the executive power to decide whether they (the prosecution) want to proceed with a particular case or otherwise.
“Article 145(3) gives them the full power and we cannot question that," he said.
According to the Global Human Rights Federation founder, the court also ruled that to proceed with the private prosecution, he must first get permission from the Attorney-General’s Chambers (AGC).
Muhammad Zamri Vinoth (left) and Firdaus WongHowever, Shashi said, the authorities’ inaction was why he filed the private prosecution bid in the first place.
“Many police reports were lodged against them (Zamri and Firdaus).
“Not only police reports but there is a lot of evidence against them - their Facebook postings, their video recordings, we have them.
“We have lodged police reports, but no action was taken by the police or AGC.”
‘Hopeless to lodge report’
Shashi said he respects the court ruling albeit feeling disappointed by the outcome.
S Shashi Kumar (second from right)This was especially since this was the last stage of his case, which he filed in 2021 and went through two lower courts (magistrate and High Court).
“It is hopeless for us to lodge a report in the future when the police and AGC don’t want to take it up.
“When you lodge a police report against an Islamic preacher, it’s automatically NFA (no further action).
“Of course, they have to accept the police report, but they (authorities) won’t put it into action. They (preachers) won’t be arrested, investigated, charged, nothing.”
Under criminal law, private prosecution is a legal avenue whereby an individual lodges a complaint with a magistrate to get prosecutors from the AGC to charge a targeted person in court.
In 2020, numerous police reports were lodged against the two Muslim converts. Shashi filed the private prosecution bid at the Shah Alam Magistrate’s Court on Jan 8, 2021. - Mkini

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