KUALA LUMPUR (Dec 21): The arrest and detention of Muslim scholar and activist Dr Kassim Ahmad by the Federal Territories Islamic Religious Department (Jawi) in 2013 were illegal, the Court of Appeal ruled today.

A three-man bench led by Vernon Ong Lam Kiat said the department had no jurisdiction over Kassim, who is a resident in Kedah.

"We order that the arrest, detention and prosecution are null and void," he said in allowing Kassim's appeal against a High Court ruling.

Kassim's immediate response to the ruling was to hope that Jawi would drop charges against him.

"Alhamdulillah, we have won and I hope Jawi will withdraw the charges against me," he said.

The bench also held that the civil High Court had supervisory jurisdiction over an inferior tribunal, including the Shariah Court when it had erred in law.

Kassim was awarded RM20,000 in costs.

Kassim had challenged Jawi over his arrest in a state outside the authority's jurisdiction, claiming that it had acted illegally, unconstitutionally and beyond its powers.

Besides Jawi, he also named Datuk Seri Jamil Khir Baharom, the minister in charge of Islamic affairs, and then-Federal Territory chief Shariah prosecutor, Ibrahim Deris and the government.

Kassim's legal challenge against Jawi was dismissed by the Kuala Lumpur High Court on January 6.

He was also charged at the Putrajaya Shariah High Court with insulting Islam, over a seminar he attended that was officiated by former prime minister Tun Dr Mahathir Mohamad.

Kassim has held critical views of some hadiths and also accused some ulama (religious scholars) in Malaysia of enforcing a "priesthood caste".

Ong today said damages to Kassim as a result of embarrassment and trauma following his arrest and prosecution would be assessed by a High Court registrar.

Ong, who sat with Datuk Abdul Rahman Sebli and Datuk Hasnah Mohamed Hashim, said Kassim's arrest warrant was defective, as the arresting officers did not comply with the Federal Territories Shariah criminal law.

"As a result, the arrest was null and void," he said.

Ong said Kassim was never produced before the nearest kadi (Shariah judge) soon after his arrest at his home in Kulim, Kedah, which was a mandatory requirement.

"Instead, he was taken to Penang and boarded a plane before brought to Putrajaya and produced before a kadi," he said.

He said Kassim's detention was also illegal as he was held under Jawi's custody for more then 24 hours and deprived of a counsel of his choice.

"His right under Article 5 of the Federal Constitution was therefore violated," he said.

Ong added the charge that Kassim disobeyed a fatwa (religious edict) by the Federal Religious Council was only binding on Muslims residing in that jurisdiction.

"The decision to charge the appellant (Kassim) who is a resident of Kedah is wrong," he added.

Kassim, 83, was arrested on March 26, 2013 by Jawi enforcement officers who also searched his home.

In the scholar's judicial review against Jawi, he sought an order to strike out the chief prosecutor's decision on March 27 to prosecute him for allegedly insulting Islam and defying religious authorities.

He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.

Kassim has pleaded not guilty to both charges.

His case before the Shariah court is scheduled for mention on January 18.

Also seen in court today were former de facto law minister Datuk Zaid Ibrahim and activist Datin Paduka Marina Mahathir.