Jawi Official Reveals They Do Not Need Search Warrants To Conduct Raids
Mohd Johan Mohd Ridzuan was cross-examined during a trial concerning a Jawi raid in 2016.
By Katrina Khairul Azman — 27 Mar 2018, 06:28 PM
On March 26, a videographer for the Federal Territories Islamic Religious Department (Jawi) revealed in court that search warrants are not needed during raids conducted by Jawi
According to Malay Mail, Mohd Johan Mohd Ridzuan was a witness during the trial of Siti Kasim, a lawyer and activist who pleaded not guilty of voluntarily obstructing a Jawi officer from discharging her public duties during a raid at a dinner event on 3 April 2016.
Gasps were heard from the public gallery when Mohd Johan said that, "Whenever we go to a location, in any case, I've never seen a warrant."
There were more than 70 people in the Kuala Lumpur Magistrates Court when he told this to lead defence counsel Suzana Norlihan Alias.
"We (Jawi) do not need a warrant to do checks," he said.
It is worth noting that this is not a new development. In a statement issued in 2017, Concerned Lawyers for Justice pointed out that since the raid falls under the category of "seizable offence", a warrant was not necessary.
According to the post, "The raid was made pursuant to a purported offence under section 9 of the Syariah Criminal Offences (Federal Territories) Act 1997".
Therefore, section 18 of the Syariah Criminal Procedure (Federal Territories) Act 1997 applied, and arrests are allowed to be made without warrant.
Jawi officials raided the event last year because they were under the impression that it was a beauty pageant, which would constitute a Fatwa violation if Muslim women were participants
Mohd Johan confirmed that the event was just a dinner with a pageant-themed performance, and that Siti Kasim cooperated with Jawi officers on the night of the incident.
According to The Star, he also revealed that the people who obstructed Jawi officials during the event were the hotel workers on duty.
Following the surprise raid, Siti Kasim labelled the charge against her "pure intimidation"
According to Free Malaysia Today, Siti Kasim said last year that, "No matter what the gender, race, or belief, people should be protected under our laws and not be persecuted and arrested without lawful justification."
"We have the Federal Constitution, the highest law, to protect our rights."
The Star reported that Siti was charged under Section 186 of the Penal Code and faces faces imprisonment of up to two years, a minimum fine of RM10,000, or both if convicted.