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2020 MarsdenLR 1952

COURT OF APPEAL PUTRAJAYA
KETUA PEGAWAI PENGUATKUASA AGAMA & ORS – Appellant
Versus
MAQSOOD AHMAD & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Hasnan Hamzah,Qushwa Hasnan ,Respondent Advocate: Aston Paiva,Michael Cheah Ern Tien

[1] There are before us two related appeals arising from the same decision of the High Court at Shah Alam. Appeal number B-01(A)-468-07-2018 (Appeal 468) is an appeal by the Selangor State Government and religious authorities against the substantive decision in a judicial review application in which the High Court granted the applicants the various reliefs they sought against the respondents. Appeal number B-01(A)-513-08-2018 (Appeal 513) is a cross-appeal by the respondents, who despite having been granted the remedies they primarily sought, disagree with the High Courts decision that it is the Syariah Courts and not the Magistrates Courts who have jurisdiction to try offences under s 97(2) of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 (ARIE 2003).

[2] For ease of reference, we shall refer to parties in accordance with their respective positions in Appeal 468. The learned High Court Judge below will be referred to as the learned judge.

[3] At the outset of this judgment we recall the wise words of Zulkefli Ahmad Makinudin, PCA in Indira Gandhi Mutho v. Pengarah Jabatan Agama Islam Perak & Ors And Other Appeals, 2018 MarsdenLR 3081 that, "in de

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