The principle of res judicata prevents a court of co-ordinate jurisdiction from overruling its own decision without sufficient cause, emphasizing the need for consistency in judicial pronouncements.

[1] This appeal was against the decision of the Kuala Lumpur High Court allowing the respondents' preliminary objection that the High Court had no jurisdiction to hear the appellants' application for judicial review.

[2] The subject matter of the judicial review was fatwa number MAIS/SU/BUU/01-2/002/2013-3(4) ("the fatwa"). The appellants' complaint essentially was that the fatwa contravenes the Federal Constitution.

[3] The fatwa was as follows:

Fatwa Pemikiran Liberalisme Dan Pluralisme Agama

SIS Forum (Malaysia) dan mana-mana individu, pertubuhan, atau institusi yang berpegang kepada fahaman liberalisme dan pluralisme agama adalah sesat dan menyeleweng daripada ajaran Islam.

Mana-mana bahan terbitan yang berunsur pemikiran-pemikiran fahaman liberalisme dan pluralisme agama hendaklah diharamkan dan boleh dirampas.

Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM) hendaklah menyekat laman-laman sosial yang bertentangan dengan ajaran Islam dan Hukum Syarak.

Mana-mana individu yang berpegang kepada fahaman liberalisme dan pluralisme agama hendaklah bertaubat dan kembali ke jalan Islam.

[4] The fatwa was directed at the first appellant, a company registered under the Companies Act 1965. As the fatwa directly affected the first appellant, the first appellant by way of letter dated 28 October 2014 wrote to the second respondent to seek clarification on:

(i) the reason behind the labeling of the first appellant as "sesat dan menyeleweng daripada ajaran Islam";

(ii) the definition of the phrase "fahaman liberal dan pluralisme"; and

(iii) whether the fatwa was issued after taking into account the procedure set out in s 51 of the Administration of the Religion of Islam (State of Selangor) 2003 ("the ARI").

[5] The first appellant sent a separate letter dated 30 October 2014 to the first respondent with similar contents. However, neither the first nor the second respondent replied to either letter.

[6] On 31 October 2014, the appellants filed for judicial review to obtain leave to commence judicial review proceedings for the following reliefs:

1. A declaration that the fatwa:

a. to the extent that it implicitly provides for an offence in relation to "newspapers; publications; publishers; printing and printing presses" is contrary to s 7 of the Printing Presses and Publications Act 1984 .

b. to the extent that it directs the Malaysian Communications and Multimedia Commission, incidentally a federal agency, to block social websites, is contrary to s 3(3) of the Communications and Multimedia Act 1998 ;

c. to the extent it involves matters of national interest, the same is contrary to s 51 of the ARI for not following the process set out therein; and

d. is in excess of arts 10, 11, 74 and List 1 and 2 of the Ninth Schedule to the Federal Constitution where it purports to criminalise the right of individuals, associations and as the case may be to hold liberal ideas and religious pluralism; ban and instructing the seizure of publications containing liberal ideas and religious pluralism; restricting free speech and expression where it relates to liberal ideas and religious pluralism; and restricting free speech and expression on social websites contrary to the teachings of Islam and religious law; all of which are not matters which can be legislated by it;

2. A declaration that the first appellant, being a "company limited by guarantee" or any other party not able to profess the religion of Islam cannot be subject to the respondents' decision as the respondents' jurisdiction is only over persons professing the religion of Islam; and

3. For consequential relief in the form of certiorari to bring the decision of the respondents by way of fatwa in the High Court and for the same to be quashed.

[7] The leave application was heard by Asmabi J (as she then was). At the hearing, the respondents raised a preliminary objection