Abu Bakar Jais JJCA:

Introduction

[1] This is an appeal arising from the decision by the High Court in refusing the Appellant's application for judicial review. The application relates to orders issued by the Respondent against three books published by the Appellant.

[2] In deciding this appeal, we would address the issues regarding right to be heard, non-compliance of the High Court's order in respect of discovery and whether the orders made by the Respondent could still stand in view of the issues raised in this case.

Background Facts

[3] The Appellant promotes itself as a body interested in youth empowerment and encouraging Muslim intellectual discourse. In achieving its purpose, the Appellant published three books as follows:

(a) 'Wacana Pemikiran Reformis (Jilid 1)' - published in June 2012;

(b) 'Wacana Pemikiran Reformis (Jilid 2)' - published in October 2014; and

(c) 'Islam Tanpa Keekstreman: Behujah Untuk Kebebasan' - published in January 2016.

[4] After the publications were put in circulation, the Respondent as the Minister of Home Affairs who is also in charge of public order, made two orders in absolutely prohibiting the printing, importation, production, reproduction, s