PDA

View Full Version : The Allah Case Judgement Summarised For Take-Away



bobkee
24-01-2010, 05:01 AM
The case of The Herald v Malaysia, which was aimed at getting a court order to overturn the ban on the use of Allah by the The Herald newspaper, has generated a lot of controversy.

A lot of allegations and accusations have been made, especially by the mainstream media, which acts to blur the facts of the matter.

Amongst others, this case has been portrayed as an attempt to insult Malaysian Muslims and undermine their faith. Worst still, the judge has been accused of being biased because the judge was not a Muslim.

What was not said however, was that the KL High Court that heard this case made a judgment that was primarily rooted on the principles of Constitutional Supremacy and Rule of Law.

These principles play a critical role in protecting citizens, regardless of their race, ethnicity, origins, status or creed, from arbitrary decisions and the abuse of power by the government of the day. They also are the foundation stones of our democracy and key principles in our Rukunegara.

The judge that heard the case released a written judgment whereby the arguments of both sides were summarised and the rationale for the judge’s final decision in the case. This document is comprehensive in its arguments and anchored on the principles mentioned above.

Nonetheless, this 57 page document is not easy to read and the general public may find the legal terminology confusing or incomprehensible.

As a result, a few friends of mine took the initiative to create a brochure summarising the key points of the written judgment. 20,000 copies of this brochure has been printed to date, both in Bahasa Malaysia and English, and will be distributed to churches in the Klang Valley, NGOs and civil society movements.

This brochure can also be downloaded as HTML or PDF and permission is granted to reproduce the brochure for general distribution:


Ringkasan Penghakiman Kes Herald (BM – HTML)
http://tinyurl.com/herald-v-malaysia-1


Ringkasan Penghakiman Kes Herald (BM – PDF)
http://tinyurl.com/herald-v-malaysia-2


Herald Case Judgement Summary (Eng – HTML)
http://tinyurl.com/herald-v-malaysia-3



Herald Case Judgement Summary (Eng – PDF)
http://tinyurl.com/herald-v-malaysia-4
I hope that this initiative will help clarify the circumstances behind the case and give an accurate representation of the judgement in the case of The Herald v Malaysia.