Lawyers say the only option for The Bible Society of Malaysia to recover the Bibles seized by the Selangor religious authorities is to take civil action. – The Malaysian Insider file pic, September 24, 2014.
The Bible Society of Malaysia (BSM) is left with no other alternative but to file a civil action to force the Selangor religious authorities to return the Bibles seized early this year, said lawyers.
They said this in response to BSM's failure to file a judicial review within 90 days when the Selangor Islamic Religious Council (Mais) declared that it would not return the religious books despite the Attorney-General's announcement that he was not pressing any criminal charges against BSM.
The lawyers said the court could award damages to BSM if it was revealed that the 321 copies of Bahasa Malaysia (AlKitab) and Iban language (Bup Kudus) Bibles had been destroyed.
Attorney-General Tan Sri Abdul Gani Patail had made the decision on June 11. However, Mais which was unhappy with Gani's stand, had declared on June 13 it would not return the Bibles to BSM.
Lawyer Syahredzan Johan said the 90-day deadline for BSM to file a judicial review would have expired on September 12.
He said BSM could have asked for a declaration to quash the seizure of the Bibles as illegal and order the books to be returned.
Now that the option was no longer available, BSM could file a civil action – the only option it has.
"BSM could also ask for damages but it is at the discretion of the court," Syahredzan said.
He said in judicial review applications, the defendant must be a public authority and this included Mais and the Selangor Islamic Religious Department (Jais).
Lawyer Amer Hamzah Arshad said BSM has three years under the Government Proceedings Act to file the civil action against the religious authorities.
"BSM is still within the limitation period even if the cause of action is to begin from the day the Bibles were seized (January 2 this year)," he said.
Retired Federal Court judge Datuk Gopal Sri Ram said the BSM has a remedy under the tort of conversion and detinue.
"They could ask for the return of the Bibles under detinue or claim damages if the books have been destroyed or damaged," said Sri Ram who has returned to legal practice.
He said under detinue, the BSM, which had absolute ownership over the Bibles, could recover the religious books.
Sri Ram said there was a 1974 reported case in Malaysia dealing with the confiscation of a banned book that was seized and impounded by a police officer who had suspected it to be prejudicial to public order.
"The court ordered the defendant to pay damages as the book was destroyed," he said.
Mais had said Jais had the right to take action based on the Selangor Non-Islamic Religions (Control of Propagation among Muslims) Enactment 1988.
Jais comes under the authority of Mais.
Mais chairman Datuk Mohamad Adzib Mohd Isa had, on June 13, disagreed with Gani's decision to close the case on the seized Bibles.
Mohamad Adzib had also defied the state executive council's order for Jais to return the Bibles, arguing that the state government did not have the jurisdiction to do so.
Mais had then urged the state prosecutor to refer the matter to the court, and to obtain a court order for the disposal of the seized Bibles as provided for under Section 407A of the Criminal Procedure Code.
On January 2, enforcement officers from Jais and policemen had gone to the BSM office in Damansara Kim, Selangor, and carted away 321 copies of the Bibles in Bahasa Malaysia (AlKitab) and Iban language (Bup Kudus).
The then BSM president Lee Min Choon and office manager Sinclair Wong were detained and taken to the police station. They had to go to the Jais office a few days later to have their statements recorded.
Lee's successor Datuk Ng Moon Hing was not available for comments.
- TMI
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