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2022 MarsdenLR 1988

HIGH COURT MALAYA KUALA LUMPUR
SIVAKUMAR SOCKALINGAM & ANOR – Appellant
Versus
YANG BERHORMAT PEGUAM NEGARA MALAYSIA – Respondent


Petitioner Advocates:Gunaseelan S Thambinathan,Keshvinjeet Singh Sidhu ,Respondent Advocate: Ahmad Hanir Hambaly @ Arwi,Atiqah Zainal Abidin

JUDGMENT

Wan Ahmad Farid Wan Salleh J:

[1] This is an application for leave for judicial review.

[2] The application is supported by the affidavits in support of the 1st applicant ("AIS-3") and the 2nd applicant ("AIS-4") in Encls 3 and 4, respectively.

[3] The factual matrix that leads to this application for judicial review can be summarised as follows. The applicants lodged separate police reports ("the applicants' police reports") against Firdaus Wong Wai Hung ("Firdaus Wong") and Muhammad Zamri Vinoth ("Zamri Vinoth") on 21 January 2018 and 26 April 2019, respectively, for allegedly insulting non-Muslims, especially Hindus, via Facebook postings and YouTube videos.

[4] The applicants alleged that despite numerous police reports lodged against Firdaus Wong and Zamri Vinoth, no prosecution was instituted against them under s 298 or s 298A of the Penal Code (" PC ").

[5] Under s 298 of the PC , it is an offence for a person who, with deliberate intention, to wound the religious feelings of any other person. It is also an offence under s 298A of the to cause disharmony, disunity, or feelings of enmity, hatred or ill-will on the grounds of religion.

[6] One Shashi Kumar a/l Shanmuga

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