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KUALA LUMPUR: The publisher of the Herald has succeeded in his bid to get leave from a High Court to review the Home Minister’s order prohibiting the use of the word “Allah” in the Catholic weekly.

High Court judge Justice Lau Bee Lan granted the order after meeting Attorney-General’s Chambers representatives and lawyers from various parties in her chambers Friday.

The parties are the publisher, seven Islamic Religious Councils, Malaysian Gurdwara Association and Malaysian Chinese Muslim Association.

Justice Lau also set May 28 for the hearing of the stay application against the minister’s decision pending the court’s determination over the matter.

Speaking to reporters later, the publisher’s counsel S. Selvarajah said his client has obtained leave from the court under Order 53 Rule 3(1) of the Rules of the High Court 1980.

He said his client wanted to quash the decision of the minister dated Jan 7 that his publication permit for the period between Jan 1 and Dec 31 prohibited him from using the word “Allah” in the Herald.

“We want a stay so that the minister can be prevented from taking action to enforce the condition (for the publication),” he added.

Senior Federal Counsel Suzana Atan said she did not object over leave application for the judicial review but would argue over the stay.

Co-counsel for the applicant, Derek Fernandez said the court’s decision to grant leave showed that the application was not frivolous and there was an arguable case.

“It will not be appropriate for any action to be taken until the court has the opportunity to listen and decide on merits of the case,” he said.

Titular Roman Catholic Archbishop of Kuala Lumpur Tan Sri Murphy Pakiam had applied on Feb 16 to declare that the Herald is entitled to use the word and that the word was not exclusive to Islam.

He is applying to get a declaration that the minister’s decision was illegal, null and void.

He is also seeking to get a declaration that under Article 3(1) of the Federal Constitution, the applicant had the constitutional right to use the word “Allah” in the publication.

Besides that, he claimed that the Priniting Presses and Publications Act 1984 does not empower and/or authorise the respondents to prohibit him from using the word.

Rev Murphy, 71, had named the Home Minister and Government as respondents in the application.

The archbishop is named as an applicant in this action as publisher of the Herald.

He is also seeking costs and any relief deemed fit by the court.