PUTRAJAYA, Oct 26 — The Court of Appeal has granted GISB Holdings Sdn Bhd (GISBH) an extension of time to file the records of appeal in its appeal against the Selangor state fatwa.
The organisation's lawyer Zulkikri Ulul Azmi applied for the extension during proceedings, telling the court the records of appeal were filed 27 days late.
They had been unaware that the draft index had not been submitted, an error that has since been rectified.
A three-judge panel comprising Justices Datuk Mohamed Zaini Mazlan, Datuk Ong Chee Kwan, and Datuk Seri Mohd Radzi Harun allowed the application and awarded RM5,000 in legal costs to the Attorney-General's Chambers (AGC).
"The appellant must pay RM5,000 to the AGC immediately because you made a mistake," the panel ruled.
Senior Federal Counsel Mohammad Sallehuddin Md Ali, appearing for the AGC, said the prosecution maintained its objection to the application.
However, if the court were minded to allow the extension of time, he said that the AGC would seek costs.
The application follows the Shah Alam High Court's rejection on January 9 this year of GISBH's bid for leave to commence a judicial review.
High Court Judge S. Narkunavathy dismissed the leave application after allowing a preliminary objection by the AGC that the fatwa is not amenable to judicial review under Article 121(1A) of the Federal Constitution.
Under Article 121(1A), civil courts are expressly precluded from exercising jurisdiction over any matter within the exclusive purview of the Syariah Courts.
She added that the case involved a dispute over Islamic tenets, which is not a matter for the civil courts.
In its judicial review application, GISBH sought a certiorari order to quash the fatwa published on October 14, 2024 and gazetted on October 16, 2024, which declared GISBH as deviating from the teachings of Islam and prohibited its followers from practising its beliefs, teachings, and doctrines.
It also sought a declaration that the fatwa does not apply to the company, which is incorporated under the Companies Act 1965.
GISBH named the Selangor State Fatwa Committee and the Selangor Islamic Religious Council as respondents.
