KUALA LUMPUR: The Kuala Lumpur High Court has fixed Feb13 for clarification and decision on the application by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi and four others to strike out an originating summons filed by Hindu Rights Action Force (Hindraf) chairman P Waytha Moorthy and 18 others.
The originating summons sought a court declaration that international Islamic preacher Dr Zakir Naik is a threat to national security and not be allowed to be in Malaysia.
Judge Datin Azizah Nawawi fixed the date in chambers after hearing submissions from lawyers R Kengadharan and S. Karthigesan who represented Waytha Moorthy and the 18 others as the plaintiffs.
Also submitting in the proceedings were Senior Federal Counsel Suzana Atan and Shamsul Bolhassan, representing Ahmad Zahid, who is also Home Minister, director-general of the Malaysian Immigration Department, director-general of the National Registration Department, Inspector-General of Police and the Government of Malaysia, who were named as the defendants.
Lawyer Adnan Seman appeared for Pribumi Perkara Malaysia (Perkasa) president Datuk Ibrahim Ali, who is an intervenor in the case.
Kengadharan, when met by reporters afterwards, said that he had submitted that all the plaintiffs had locus standi to resort to the action as it concerned public interest.
“Dr Zakir must leave the country because he is a threat to national security,” he said.
Meanwhile, Shamsul said he submitted that the course of action taken by the plaintiffs was an abuse of the judicial process as they should have filed an application for a judicial review and not an originating summons.
“The plaintiffs have no locus standi to file the originating summons on the grounds that they failed to prove how they are affected by the decisions of the defendants,” he said.
He said the action (by the plaintiffs) was also frivolous because the preacher was not made a party in the case.
As for Adnan, he said that he had submitted that the decision by the Home Minister or Immigration director-general to grant permanent resident status to Dr Zakir cannot be challenged in court.
He also contended that the preacher should also be given a chance to be heard regarding the case.
In the originating summons filed on March 1 last year, Waytha Moorthy and the 18 others comprising politicians, lawyers and non-governmental organisations, had wanted the court to declare that the world famous preacher posed a threat to racial and religious harmony in the country and should be arrested forthright.
They also claimed that Dr Zakir had encouraged terrorism, had been banned from entering several countries over suspected involvement with certain terrorist groups and had instigated foreigners in the country to disturb the peace. — Bernama