Malaysia Case Law: Decisions & Judgments

Citation

BK-63-14-10/2022 (Mahkamah Sesyen)

Court

Sessions Court

Case number

BK-63-14-10/2022 (Mahkamah Sesyen)

Although the prosecution established a prima facie case that the accused owned and administered the Instagram account and that the videos were indecent under MCMC/JAKIM guidelines (and that intention to annoy could be inferred), the court was bound by the Court of Appeal decision in Heidy Quah holding that the words 'offensive' and 'annoy' in s.233 CMA are unconstitutional; consequently the prosecution could not be maintained under that provision and the accused was acquitted and discharged.

1 Jan 1900

1. ZI PUBLICATIONS SDN BHD 2. MOHD EZRA BIN MOHD ZAID 1. JABATAN AGAMA ISLAM SELANGOR 2. KETUA PENGARAH JABATAN AGAMA ISLAM SELANGOR 3. KETUA PEGAWAI PENGUATKUASA AGAMA SELANGOR 4. KETUA PENDAKWA SYARIE SELANGOR 5. KERAJAAN SELANGOR 6. KERA

Citation: WA-01(A)-255-04/2018 (Mahkamah Rayuan)
Court: A
Case number: WA-01(A)-255-04/2018 (Mahkamah Rayuan)

Court held s16 SCOE is valid and within State legislative competence under Item 1 of the State List and not ultra vires the Federal Constitution; Berjaya Books was distinguished because the Book was gazetted/prohibited at time of seizure; a company cannot be treated as professing Islam so prosecution of the corporate publisher by SCOE was improper as against the company and the attempt to prosecute the director was unlawful; search, seizure and actions taken in the course of a criminal investigation are not subject to judicial review under Order 53; remedy limited to damages and costs where a…

Malaysia Case Law

Aliff Syukri bin Kamarzaman

1. ZI PUBLICATIONS SDN BHD 2. MOHD EZRA BIN MOHD ZAID 1. JABATAN AGAMA ISLAM SELANGOR 2. KETUA PENGARAH JABATAN AGAMA ISLAM SELANGOR 3. KETUA PEGAWAI PENGUATKUASA AGAMA SELANGOR 4. KETUA PENDAKWA SYARIE SELANGOR 5. KERAJAAN SELANGOR 6. KERA