Jawi sued over khalwat arrest
Seeking redress: (From left) Lawyer Adam Luqman Amdan and Yusfarizal accompanying Mohd Ridhuan and Siti Sarah to the High Court civil registry in Kuala Lumpur.
KUALA LUMPUR: A married couple is suing the Federal Territory Islamic Religious Department (Jawi) and six others for wrongfully arresting them for khalwat (close proximity) despite being shown a screenshot of their marriage certificate.
Self-employed Mohd Ridhuan Giman, 34, and his wife Siti Sarah Maulad Abdullah, 26, claimed that they have been married for over two years.
They are seeking for a court order that their arrest and detention were wrongful.
The couple claimed that they had on Jan 8 stayed at a budget hotel here when eight Jawi enforcement officers raided their room at 1.30am.
Speaking to reporters after filing the lawsuit at the High Court civil registry here, lead counsel Yusfarizal Yussoff said his clients just wanted justice and that the enforcement officers had to respect their privacy, dignity and fundamental rights.
“They want to clear their names. The procedures applied by any enforcement officers for arrest must be correct,” he said.
Yusfarizal said he would also apply to the court to get the particulars of other Jawi raiding officers to seek damages in the civil dispute.
In the statement of claim, the couple said several male officers forcefully entered their room although Mohd Ridhuan informed them that his wife was not properly dressed, causing him to suffer injuries to his neck.
The couple said the raiding officers took photographs and recorded a video of them.
Mohd Ridhuan said he showed the raiding officers the screenshot of their marriage certificate and wedding photographs stored in his cellphone as proof of their marriage but the officers did not accept this.
He said the raiding officers were determined to arrest them and directed his wife, who was clad only in a singlet and shorts, to put on her clothes in front of them.
They were arrested for khalwat and were taken to a police station and the Jawi office.
They said they were kept in separate rooms for about an hour.
Mohd Ridhuan said his 57-year-old mother later brought the original copy of the marriage certificate as proof of their marital status.
His mother was told to sign a personal bond to ensure their attendance at the Jawi Syariah Department’s enforcement division yesterday. The couple were also forced to sign the bond.
In the court papers, they are seeking for declaration over wrongful arrest, wrongful confinement, violation of privacy, trespass, and abuse of office on the part of enforcement officers, and violation of fundamental liberties under the Federal Constitution, Syariah Criminal Procedure (Federal Territories) Act 1997 and other relevant laws.
Among others, they want a court order against the defendants to stop any investigation and drop their charges.
They also want the defendants to publish an apology in a letter and newspapers as well as various damages for claims to be assessed by the court for allegedly tarnishing their reputation and causing physical injury to them.
The couple and Mohd Ridhuan’s mother, as the three plaintiffs, named Jawi, enforcement officers Mohd Shiham Ramli and Mohammad Izehar Md Amin, the chief enforcement officer, Jawi director-general, Prime Minister’s Department and the Government as defendants.
Read more at http://www.thestar.com.my/news/nation/2017/02/18/jawi-sued-over-khalwat-arrest-couple-held-despite-showing-screenshot-of-marriage-certificate/#7z2seJJuuurblGlP.99
