1.Malaysiakini.com（http://www.malaysiakini.com）
Herald wins right to challenge 'Allah' ban, 5 May 2008
by Soon Li Tsin
The Kuala Lumpur High Court has given the Herald the right to mount a legal challenge against the government ban on the Catholic weekly in using the word ‘Allah’ in its Bahasa Malaysia section.
Justice Lau Bee Lan, from the appellate and special powers division, read her decision to grant leave to the court to review the government order in a packed courtroom today.
In her swiftly-read judgment, she dismissed senior federal counsel Azizah Haji Nawawi’s argument that the declarations sought for by the Herald should be dealt with in a civil suit and not through a judicial review which is only restricted to orders made by the ministry.
“With regret I find the SFC’s (senior federal counsel’s) argument not substantial and I am in agreement with Porres Royan (Herald’s counsel) that it is premature for these issues to be raise at the leave stage.
“The issues concerning the declarations should be determined at the merit stage. The learned SFC’s objections to the declarations sought is without merit and is therefore dismissed,” she said during her 15-minute judgment.
On March 19, applicant Titular Roman Catholic Archbishop of KL Murphy Pakiam filed for a judicial review against the internal security minister and the government over the order that banned the Herald from using the word ‘Allah’ in the Bahasa Malaysia section of the publication.
The government had earlier declared that the word could only be used by Muslims and threatened to close down the newspaper if it defied the prohibition.
But while the ministry, which was then led by Johari Baharum, initially held back the weekly’s publishing licence last year, it later granted a permit with no conditions attached after an outcry from the Catholic community.
Nevertheless, the Herald proceeded with its legal action for a final resolution to the issue.
Archbishop Pakiam on behalf of the Herald is seeking the following declarations from the court:
•leave to apply for the ministry to declare that its decision to prohibit Herald from using the word ‘Allah’ in its publication is null and void; Herald is entitled to use the word ‘Allah’ in the publication and that the word ‘Allah’ is not exclusive to the religion of Islam. leave to quash the ministry’s decision in prohibiting Herald from using the word ‘Allah’ in its publication an order for Herald to continue using ‘Allah’ in its publication until the court decides on the matter.
The declarations sought by the Herald became contentious in court when government lawyer Azizah submitted that they fell under private law which can only be “proven factually” by calling expert witnesses to give evidence in a civil suit.
She pointed out that the declarations would best be argued in the civil lawsuit the Herald had already filed against the government on Dec 7 last year concerning the issue.
However, Herald’s lawyer Royan rebutted that it was premature for Azizah to raise the unsuitability of the declarations now when it is merely at the leave stage.
He also argued that the declarations sought for by the Herald fall under judicial review because it was the reason why the ministry issued the restrictive publication guidelines to the Catholic weekly.
Case now goes to full trial
Lawyer Derek Fernandez, who also represented the Herald, told reporters that justice Lau’s decision showed that the publication’s application is not frivolous and warranted consideration in the form of a full hearing.
“It is necessary to take this into open court so that arguments as to whether ‘Allah’ is only for the Muslim community from both sides can be heard.
“We need to have some uniformity on where this stands in regard to all religions in the country,” he said.
Also present were Pakiam’s lawyers S Selvarajah, Leonard Teoh and Annou Xavier while senior federal counsel Suzanna Atan appeared for the Attorney-General’s Chambers.
The next step is for the Herald to file an application to proceed with the case, which it will do soon. Both parties will then file and exchange affidavits before the case goes to a full trial.
The Herald's editor Father Lawrence Andrew, who was seen smiling after the judgment was delivered, said: "We are waiting for justice. We will wait and see what happens at the next stage."
The Herald, which publishes news and information for Catholics in Malaysia in four languages - English, Bahasa Malaysia, Chinese and Tamil - has a circulation of around 12,000.
2.Bernama（http://www.bernama.com）
Archbishop Obtains Leave To Apply For Judicial Review On The Use Of "Allah", 5 May 2008
KUALA LUMPUR, May 5 (Bernama) -- The High Court Monday granted leave to the Archbishop of Kuala Lumpur to apply for a judicial review against the Home Ministry's decision to prohibit the use of the word "Allah" in "The Herald", the Catholic Weekly.
In her judgment, Justice Lau Bee Lan said she agreed with leading counsel Porres Royan, representing Archbishop Datuk Murphy Pakiam, that it was premature to make any submission on the appropriate remedy at the leave stage.
She said the appropriateness or otherwise of the remedy was to be determined at the merit stage, where the court would have to fashion the remedy to suit the particular circumstances of the case.
"For the reasons given, I find the objection of the learned senior federal counsel with regard to a declaration that the applicant is entitled to use the word "Allah" in the Herald and the word "Allah" is not exclusive to the religion of Islam, is without merit and is thereby dismissed.
"The court hereby allows the applicant's application for leave pursuant to Order 53 Rules 3(1) of The Rules of the High Court, to quash the Home Ministry's decision to prohibit them (the applicant) from using the word "Allah" in the publication," she said.
The court however did not fix any date for the hearing.
Speaking to reporters outside the courtroom, Porres said he would be filing the application for judicial review in two weeks.
Meanwhile, another counsel for the Archbishop, S. Selvarajah, said they could now move forward to argue in court on the merits of the case to seek the three declarations stated in the application.
Roman Catholic Archbishop of Kuala Lumpur Datuk Murphy Pakiam, as publisher of The Herald, was named as applicant in the action, while the Internal Security Ministry (now merged with the Home Ministry to form the Home Ministry) and the Government were named as respondents.
Murphy is represented by a five-member team comprising Porres, Leonard Teoh, Derek Fernandez, Selvarajah and Annou Xavier.
Senior Federal Counsel Azizah Nawawi and Suzana Atan appeared for the Home Ministry and the Government.
The application, filed on March 19, asked the High Court to declare null and void the ministry's decision that "the publication permit is subject to publication guidelines, which prohibits the use of the word "Allah" in The Herald, in a letter dated Feb 12.
The Archbishop also seeks a declaration from the High Court that the word "Allah" can be used in The Herald and that it is not exclusive to Islam.
3.The Star Online （http://thestar.com.my）
High Court grants Church leave to seek judicial review, 5 May 2008
KUALA LUMPUR: The High Court on Monday granted the Catholic Church leave to seek judicial review over the government's decision to forbid the use of the word "Allah" in its weekly publication Herald.
In January, former Minister in the Prime Minister’s Department Datuk Abdullah Mohd Zin said the Herald was not allowed to use the word "Allah" in its publications, citing Cabinet decisions on the matter.
He said restrictions on the use of the word "Allah", as decided by the Cabinet in two of its meetings on Oct 18 and Nov 1 2006, were in force and were to be upheld.
On Dec 31 last year, the publication’s editor Father Lawrence Andrew said the weekly was allowed to continue printing its Bahasa Malaysia section with no restriction on the use of the word "Allah" for God.
He said a representative from the Internal Security Ministry delivered a letter dated Dec 28 with the permit to print the newspaper and that according to him, the letter did not place any restrictions whatsoever.
The newspaper carries reports in English, Bahasa Malaysia, Tamil and Chinese, about the Catholic community. It has a circulation of 12,000.
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