February 12, 2014
Dear Tuanku, Please stop this Robbery in the Name of Islam
MY COMMENT: A few days ago in my article “Islam at the Crossroads in Malaysia”, I raised several issues that have been plaguing our country. I received both positive and negative comments, all of which I posted in the comments section as I believe that a healthy exchange of ideas is the foundation for freedom of expression. Even comments from UMNO Cyber troopers were allowed access and posted, so long as they respect my condition for non-vulgar or crass exchanges. It is difference of opinion that will strengthen us as a people of one nation. We must be allowed to disagree. Unity in diversity. That is what that has made Malaysia unique.
I am gratified that most readers were equally concerned about my safety upon hearing about my accident. Even old friends like the former US Ambassador John Mallot wrote in to express concern. But I also wrote about current issus that troubled me, especially about the abuses of the law and legal processes by religious authorities. I also wanted to give moral support to my young friend, Lawyer Rosli Dahlan, that he should not feel guilty about doing cases against the religious authorities. He should not feel guilty about representing Chinese companies or individuals who are robbed of their land, whose premises are violated and trespassed. For that matter, neither race nor religion should be of any consideration when one fights for truth and justice.
Today, I read in the Malay Mail that Rosli Dahlan had succeeded in persuading the High Court to check the misconduct of Jabatan Agama Islam Selangor (JAIS). Yes, the same JAIS that seized the Christian Bible with “Allah”. I say bravo to Rosli. I say fight on without fear or favour. I am proud that there is a fearless Malay Muslim lawyer who will take on JAIS, which of late has been committing mischief and seems to be on a frolic of its own. If, as many have said, JAIS takes directions only from HRH The Sultan of Selangor, then I say this to HRH Tuanku:
“Ampun Tuanku, Sembah patek harap diampun. JAIS yang dibawah naungan Tuanku bertindak sesuka hati sehingga mencemarkan nama Islam dan merosakkan perpaduan kaum. Maka Patek mohon sudilah Tuanku perhatikan sedikit hal ini supaya Negeri Selangor Darul Ehsan tidak bertambah porak peranda. Ampun Tuanku.”
Now read the report from Malay Mail below and tell me is JAIS is not committing land robbery in broad daylight in the name of Islam.–Din Merican
THE MALAY MAIL ARTICLE:
February 12, 2014
Developer Wins Leave to Challenge Land Acquisition by Islamic Authority
by Ida Lim
The Shah Alam High Court today allowed a private developer to legally challenge the Selangor religious authorities’ compulsory acquisition of its land.
According to private developer United Allied Empire Sdn Bhd (UAE)’s lead counsel Rosli Dahlan, High Court judge Vernon Ong also froze all action on the 26-acre plot of land until the end of the judicial review proceedings.
“The judge gave a full stay until the judicial review (is fully heard),” Rosli told The Malay Mail Online.
On January 23, the High Court had granted an interim stay, temporarily blocking all action on the land until it delivered its decision today on UAE’s application for a judicial review.
Rosli said the judge today also allowed UAE to include their requests for declaratory reliefs in the judicial review case. He explained that the court usually only allowed judicial review applicants to ask for an order to quash the alleged wrongful actions.
The hearing date for the judicial review has not been set.
In the lawsuit, UAE had accused the Selangor Islamic Religious Department (Jais) of abusing their powers to grab its land in Bestari Jaya — an area formerly known as Batang Berjuntai — in the state’s Kuala Selangor district.
UAE had written to Prime Minister Datuk Seri Najib Razak and Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim last April 12, seeking their intervention on the dispute with Jais and other state bodies, but no reply was received, Rosli said last month.
As a last resort, UAE last April 22 applied for a judicial review to revoke the compulsory acquisition of its land measuring 26.281 acres — roughly the size of 20 international football fields.
UAE said Jais had hidden their real intention to build a fully integrated Islamic school with hostel, shelter and rehabilitation centre on the land. The government had gazetted the land for the construction of a giant mosque.
The ethnic Chinese-owned company has also accused the state authorities of purported racial oppression and violation of its constitutional rights. It alleged that the religious bodies had abused their powers to avoid paying fair compensation for the land and had shored up their land bank for future development.
According to UAE, compulsory acquisition of private land was only allowed if it benefited the public under Article 13 of the Federal Constitution. The same article also says that property owners should receive adequate compensation for the compulsory acquisition or use of their property.
In its judicial review application, UAE named the Director of Selangor’s Land and Mines Department, the Kuala Selangor land administrator, Jais, the Selangor Islamic Religious Council (MAIS), Selangor Zakat Board and the Selangor government as respondents.
The developer also argued that the land authorities’ decision to allow the acquisition amounted to an “unreasonable exercise of power” for failing to ensure legal compliance.
Also read the previous article : here