SM Faisal fails bid to intervene in Maria Chin's judicial review application

KUALA LUMPUR - Businessman Datuk SM Faisal SM Nasimuddin today failed in his bid to be an intervenor in the judicial review application by former Petaling Jaya Member of Parliament Maria Chin Abdullah.

Maria Chin had applied for a judicial review to challenge the decision of the Syariah High Court which initiated a committal proceeding against her for criticising the court's decision in sentencing SM Faisal's ex-wife Emilia Hanafi to prison.

Judge Datuk Wan Ahmad Farid Wan Salleh, in dismissing SM Faisal’s application, said the businessman was not the right person to intervene because the main issue in the judicial review was whether the show cause notice issued by the Syariah Court against Maria Chin was constitutional and valid.

"The court found that the interests of the applicant (SM Faisal) were not prejudiced to justify him being an intervenor in the case. Therefore, the applicant's application is dismissed,” said the judge, who set March 12 next year for case management.

On May 3, 2021, SM Faisal applied to intervene on the grounds that the case involved him and Emilia.

In the proceedings conducted online today, SM Faisal was represented by lawyers Meor Hafiz Salehan and Mohd Reza Mohd Rafie, while lawyer Rosli Dahlan represented Maria.

Also present were senior federal counsel Liyana Muhammad Fuad, lawyers Datuk Zainul Rijal Abu Bakar and Danial Farhan Zainul Rijal, who acted on behalf of the Minister in the Prime Minister's Department (Religious Affairs) at the time, Datuk Seri Dr Zulkifli Mohamad Al-Bakri; the Federal Territory Islamic Religious Council (MAIWP) and the Federal Territory of Kuala Lumpur Syariah Judiciary Department, named as the first to third respondents.

Maria, 66, filed the judicial review application on March 3, 2021, which sought, among others, a certiorari order to annul the action and decision of the Syariah High Court dated Oct. 14, 2019, which she claimed had wrongly allowed the committal order and for a show cause notice to be issued on her.

She claimed they were against the provisions of the Federal Constitution and violated Rule 52 of the Rules of Court 2012 and the Syariah Court Civil Procedure (Federal Territories) Act 1998.

On Dec 4, 2020, Maria was ordered to show cause in the committal proceedings, as to why she should not be charged with contempt of court for criticising the Syariah High Court's decision.

This was due to the court rejecting her application for an extension of time to challenge the court's decision to allow committal proceedings to be initiated against her. - BERNAMA