DAP legal adviser Gobind Singh Deo said on Saturday that the statements made by Mais and Jais were in “open defiance” of Attorney-General Tan Sri Gani Patail who had said that there was no case against BSM and that the seized Bibles were no threat to society.
“As far as prosecution is concerned in Malaysia, the decision to prosecute is given solely by the A-G, whether there is a case or an action to be taken.
“However, once a decision is made that there is no case, Mais and Jais have no legal authority to hold on further to the bibles,” the Puchong MP told reporters after attending the party's annual political retreat here.
Earlier on Saturday, Mais and Jais had released a statement stating their refusal to return the bibles seized from BSM’s office on Jan 2 and insisting that action be taken against the society for distributing the bibles.
Mais also said that the Selangor government did not have the standing to order for the return of the items confiscated in the course of investigation.
Gobind however, stressed that religious authorities had no right to do so as the investigation had come to a close.
“The law is very clear. There is no case to begin with. The bibles belong to BSM unless Mais and Jais are able to show otherwise,” he said.
Mais in its statement, also urged the Selangor deputy public prosecutor to get a court order for disposal of the seized material as provided under the Section 407A Criminal Procedure Code.
Gobind said the council had made a wrong reference to pursue the case.
“If you look at the section, it relates to where somebody has been charged and there is an accused. Of course, it does not apply here because there is no prosecution to begin with,” he said.
Gobind further called upon Selangor Mentri Besar Tan Sri Khalid Ibrahim to instruct Jais and Mais to return the bibles.
DAP secretary-general Lim Guan Eng too agreed that Khalid from PKR should step in.
“I think the Selangor mentri besar should act on this,” he said.
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