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2009 MarsdenLR 2301

FEDERAL COURT PUTRAJAYA
MAJLIS AGAMA ISLAM SELANGOR – Appellant
Versus
BONG BOON CHUEN & ORS – Respondent


Petitioner Advocates:Mubashir Mansur,Abd Rahim Sinwan,Zainul Rijal Abu Bakar,Mohd Zulkhairi Abd Aziz ,Respondent Advocate: Malik Imtiaz Sarwar,Cheah Poh Loon

JUDGMENT

Zaki Tun Azmi CJ:

[1] I have read through the grounds of judgment of Dato' Zulkefli Ahmad Makinudin, FCJ in draft. I concur with his grounds and his conclusion.

[2] I would like however to comment on the manner this case has been conducted.

[3] The setting up of a burial ground to any religion is very important and when an issue relating to it is raised, decisions should be made within the shortest possible time. However, in this case before us, this does not seem to be the situation. The neighbouring residents to the proposed Muslim burial ground objected to the approval by the local authority viz Majlis Bandaraya Shah Alam (respondent 148) to allocate the land for that purpose. They filed an application to challenge that decision of the local authority. Instead of hearing and disposing of the application speedily, it dragged on for the last three years. This was as a result of the appellant, claiming to act for the interest of the Muslims of Selangor, sought to be made a party to the review. When it was refused by the High Court, they chose to appeal to the Court of Appeal and thereafter, to this Court. In the meantime, the review at the High Court came to a standstill.

[4] N

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