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Jawi fails to challenge ruling on Borders raid

PUTRAJAYA: The Federal Court denied leave for the Federal Territories Religious (Jawi) to challenge a lower court declaration that the raid and seizure of Irshad Manji's controversial book at a Borders outlet was illegal.

The three-man panel led by Chief Justice Tun Arifin Zakaria unanimously dismissed Jawi's application for permission to appeal against the High Court ruling that held as unconstitutional the raid at the bookstore at The Gardens, Mid Valley City, Kuala Lumpur, on May 23, 2012.

On March 22 last year, the Kuala Lumpur High Court allowed the judicial review application by Berjaya Books and its two employees - Borders general manager of operations and merchandising Stephen Fung Wye Keong and store manager Nik Raina Nik Abdul Aziz.

The books seized were Irshad's "Allah, Liberty and Love".

The Court of Appeal affirmed the ruling on Dec 30 last year.

Berjaya Books, Fung, and Nik Raina named Jawi, the Home Minister and Minister in the Prime Minister's Department in charge of Islamic affairs as respondents.

Nik Raina was charged at the Syariah High Court on June 19, 2012, with distributing by way of selling the book at the bookstore.

She was however given a discharge not amounting to an acquittal by the same court on Feb 26.

Shamsul Bolhassan appeared for Jawi and the two ministers who are appellants in today's matter.

Counsel Rosli Dahlan acted for the company, Fung, and Nik Raina who were the respondents.

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