Kuala Lumpur: Court of Appeal has dismissed a discovery application by Sidang Injil Borneo (SIB) for documents which the home ministry used to support its ban on the church’s right to use the word “Allah”.
A three-member bench, chaired by Suraya Othman, said the discovery sought by SIB is unnecessary, after careful consideration of the arguments made and legal authorities cited.
This means the High Court would hear the merits of the case.
Suraya, who sat with judges M Nantha Balan and Darryl Goon Siew Chye, also ordered a case management to be held tomorrow before a deputy registrar for a High Court judge to hear and dispose of the matter.
The appeal hearing was put on hold as the church group was hoping for an administrative solution to the dispute under Pakatan Harapan and the current Perikatan Nasional governments.
On Oct 16, 2017, judge Nor Bee Ariffin, who has now been elevated to the Court of Appeal, ruled that there was no necessity to make such an order in a judicial review application.
Nor Bee said the issue could be decided based on affidavits and available documents exhibited in the case.
The Sabah church asked the court to order the government to disclose documents to support a 1986 ban on non-Muslims using the Arabic word “Allah”, but the government objected by saying such documents were “official secrets”.
SIB president Rev Jerry Dusing, in his discovery application, wanted a clear resolution in the matter as Christians in Sabah and Sarawak, where SIB was founded, had been using the word in their prayers, sermons, education and songs.
Senior Federal Counsel Shamsul Bolhassan appearing for the ministry argued that the documents sought by SIB fell under the Official Secrets Act 1972 (OSA).
The church sought two sets of documents, including letters and minutes of meetings containing the reasons for the government’s 1986 “Allah” ban; documents showing confusion among Malaysians or misunderstanding between Muslims and Christians over the use of the word “Allah” in Bahasa Malaysia Christian publications; or showing threats to public order due to non-Muslims’ use of the term.
The second set of documents sought were those which granted approval to import, publish, produce, distribute or own any Christian publications with the word “Allah”.
SIB and Dusing filed the lawsuit on Dec 10, 2007, after three boxes of Malay-language Christian educational books that contained the word “Allah” were seized by the Customs Department at the then Low-Cost Carrier Terminal in Sepang in August 2007.
The books were returned to SIB in January 2008.
SIB, however, is seeking a declaration that it has the constitutional right to use the word in publications and for educational purposes.
Lim Heng Seng and Tan Hooi Ping represented SIB and Dusing.
Tan said she would take instruction from her clients on the next course of action.
“Either we return to the High Court or file leave to appeal to the Federal Court,” she told FMT.
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