The civil Court lacks jurisdiction to stay Syariah Court proceedings, reinforcing the independence of Syariah Courts under Article 121(1A) of the Federal Constitution.

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] This is an application by the applicant by way of Notice of Application (encl 53) dated 3 December 2020 for a stay of all proceedings in the Federal Territory of Kuala Lumpur Syariah Court of Appeal particularly known as Syariah Court of Appeal Case No: 14000-041-0048-2019 (including and not limited to the 1st respondent's appeal) (the Syariah proceedings pending the final disposal of the hearing of the judicial review in this Court).

[2] The grounds of this application are as follows:

i) On or about 7 August 2020, the applicant applied to the Kuala Lumpur High Court (Special Powers Division) for leave to apply for judicial review (the "Application"). On 25 August 2020, after hearing the parties, the Court decided to allow the Application;

ii) Despite various discrepancy and/or non-compliance of the law in the course of the proceedings relating to the 1st respondent's Syariah Appeal especially after 18 February 2020, in which the applicant believes that the respondents in this case are aware, the applicant was informed that the Syariah Court of Appeal had already fixed a further hearing date for the appeal on 16 December 2020;

iii) The applicant was worried that if the Syariah Court of Appeal decides the Appeal in the Syariah Court before the disposal of the judicial review, any part of the proceedings would be rendered nugatory and academic or adversely affected and hence it is in the interest of justice to preserve:

a) The status quo of the proceedings of the 1st respondent's Syariah Appeal pending the hearing and determination of the existing judicial review proceedings filed and pursued by the applicant; and

b) The integrity of the proceedings of the judicial review in the Kuala Lumpur High Court.

iv) There are merits in the proceedings of the judicial review before this Honourable Court inter alia in which the interpretation of the provisions and/or various legal issues which had been submitted have to be determined by this Court;

v) Thus, there is an exceptional circumstance which warrants a stay of proceedings in the 1st respondent's Syariah Appeal pending the disposal of the judicial review;

vi) The balance of convenience and/or justice lies in favour of a stay prayed for to be granted by this Honourable Court; and

vii) Damages are not an adequate remedy.

[3] After considering the application, the written submissions and the oral submissions of the parties, I decided to dismiss encl 53. This judgment contains the full reasons for the dismissal.

Background Facts

[4] The background of the Application, based on the applicant's Affidavit, the applicant's and the 1st respondent's written submissions are largely undisputed and can be summarised as follows:

a) On 7 August 2020, the applicant applied for leave for judicial review against the respondents;

b) On 25 August 2020, the applicant amended the application orally and the Court granted leave for substantive judicial review (the "Leave Order"). The Leave Order was served on each of the respondents;

c) On 23 September 2020, the 1st respondent filed an application for committal against the applicant in the Syariah Court of Appeal alleging that the applicant had purportedly committed contempt against the Syariah Court in filing the judicial review proceedings herein;

d) On 5 November 2020, the 1st respondent's Syariah solicitors then filed an application seeking an order from the Syariah Court of Appeal to issue a Notice to show cause against the applicant for filing the judicial review proceedings herein;

e) The 1st respondent's Syariah Committal Application was served on the applicant on 7 December 2020. The applicant has since been directed by the Syariah Court of Appeal to file his reply;

f) Given that the substantive judicial review pertains to the legality of the Syariah Appeal it was thus imperative for the applicant to seek a stay of the same as well as all other Syariah proceedings between the applicant and the 1st respondent.

g) On 3 Dec