KUALA LUMPUR, 26 June 2009: The Roman Catholic Church today withdrew its 2008 application for a judicial review over the usage of the word “Allah” in its weekly publication.
High Court judge Lau Bee Lan struck out the application in chambers.
Counsel S Selvarajah for the Titular Roman Catholic Archbishop of Kuala Lumpur, Tan Sri Murphy Pakiam, informed the media that the church withdrew the application as the permit for the Herald publication for the period 1 Jan to 31 Dec 2008 had expired.
As such, the judicial review sought in 2008 had become academic.
On 5 May 2008, Pakiam, as publisher of the Herald, named the Home Ministry and government of Malaysia as respondents in his action for a declaration that the decision of the respondents dated 12 Feb 2008 prohibiting him from using the word “Allah” in the Herald: The Catholic Weekly is illegal.
He also sought a declaration that he is entitled to use the word “Allah”, and that the word “Allah” is not exclusive to the religion of Islam.
Selvarajah said Pakiam’s fresh application for judicial review, which was filed on 16 Feb this year, would be heard on 7 July. — Bernama
See also: The problem with the “Allah” ban
Gopal Raj Kumar says
What’s reported here if correct points to an abject misunderstanding of the law by the judge and lawyer alike.
A matter is “struck out” usually where it is either embarrassing, fails to comply with the rules or does not plead a proper cause of action. These are grounds for a matter being struck off and on an application by the party seeking to controvert any allegation agitated by his opponent doing so.
Where the matter raised is no longer valid or relevant or cannot be meaningfully pursued in court, it is abandoned by notice to the parties by the party bringing the action.
In such instances a party withdraws or discontinues an action. In this instance I would have to assume the Catholic church discontinued the action because although the claimable interest (the right to use of the word Allah) remained, the collateral issue that underpinned that interest had been extinguished by flux of time.
Philip Selvaraj says
The Roman Catholic leaders should expend energy to glorify the Name Of JESUS, not ALLAH. We cast out demons in the Mighty Holy Name of JESUS, not ALLAH. This quarrel with Muslims is not necessary.
Gopal Raj Kumar says
Phillip Selvaraj. You have hit the nail on the head. It is refreshing to see on occassion an observer with some common sense expressing cogent and relevant views in place of hysteria-driven dribble.