Mustapha Hussain J

(translation): This is an Application for a Writ of Prohibition against the Respondent under O.53 R.H.C. 1980.

The Applicant by his affidavit affirmed on March 27, 1983 in supporting his Motion and also by his accompanying Statement, stated that he had publicly declared and embraced the Ahmadhi sect on February 1, 1970. (Ahmadhi sect is also known as the Qadiani sect).

The Applicant was arrested by the officials of the Religious Department on charges of distributing religious pamphlets and documents relating to the Ahmadhi sect. The Applicant was charged at Kubang Pasu Syariah Court, Jitra for offences under s 163(1) and s.163(2) of the Administration of Muslim Law Enactment and his cases were transferred to the Alor Setar Kadi's Court and the hearing was fixed on April 16, 19, and 30, 1983. He is on bail now.

On March 21, 1983 the Applicant filed an ex-parte Notice of Motion applying for a Writ ofProhibition. The Motion was heard on April 9, 1983 when the court granted leave and a stay of the hearing of the cases against him at the Kadi's court, Alor Setar.

The Applicant's only ground is that by a Gazette Notification of the State of Kedah No. 286 dated June 4,