COURT DISMISSES HERALD'S APPLICATION FOR STAY OF DECISION

KUALA LUMPUR, May 28 (Bernama) -- The High Court Thursday dismissed an
application by the Herald Catholic Weekly for an order to stay a Home Ministry
decision prohibiting the use of the word "Allah" in its publication.

High Court (Appellate and Special Powers Division) judge Lau Bee Lan made
the decision in her chambers after hearing submissions from counsel S.
Selvarajah and Porres Royan for the applicant, Archbishop Datuk Murphy Nicholas
Xavier Pakiam, and Senior Federal Counsel Munahyza Mustaffa and Andi Razalijaya
A. Dadi for the Home Ministry, as the respondent.

"Under Section 9 of the Control and Restriction of the Propagation of
Non-Islamic Religions State Enactment, it is an offence for Muslims and
non-Muslims to publish or broadcast the word "Allah" in association with
non-Islamic religions.

"The judge held that if the stay was granted, this will tantamount to
supporting the offence to be committed if the Herald publication was to be
circulated to other states," Andi told reporters outside the chambers.

On April 24 this year, the applicant was given leave by the High Court to
quash the Home Ministry's decision of Jan 7, 2009 that the applicant's
publication permit for the period Jan 1, 2009 to Dec 31, 2009, was subject to
the condition that he be prohibited from using the word "Allah" in the Herald.


He was also granted leave to apply for nine declarations, including to
declare that the decision of the Home Ministry and the Government of Malaysia
was illegal and ultra vires the Printing Presses and Publications Act 1984.

In the judicial review application filed on Feb 16 this year, Murphy also
sought seven declarations, which are:

1. That the applicant has the constitutional right to use the word "Allah"
in the Herald in the exercise of his right that other religions other than Islam
may be practised in peace.

2. That Article 3(1) of the Federal Constitution does not empower the
respondents to prohibit the applicant from using the word "Allah" in the Herald.

3. That the applicant has the constitutional right to use the word "Allah"
in the weekly in the exercise of his right to freedom of speech and expression.

4. That the applicant has the constitutional right to use the word "Allah"
in the Herald in the exercise of his freedom of religion which includes the
right to manage its own religious affairs.

5. That the applicant has the constitutional right to use the word "Allah"
in the Herald in the exercise of his right in respect of education of the
Catholic congregation in the Christian religion.

6. That the Printing Presses and Publications Act 1984 does not authorise
the respondents to prohibit the applicant from using the word "Allah" in the
Herald.

7. That the word "Allah" is not exclusive to the religion of Islam.


Judge Lau set July 7 for the hearing of the judicial review application.

Allah is the standard Arabic word for God.

-- BERNAMA