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MEOR ATIQULRAHMAN & ORS V FATIMAH BINTI SIHI & ORS

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Anis Hanina

on 21 March 2015

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Transcript of MEOR ATIQULRAHMAN & ORS V FATIMAH BINTI SIHI & ORS

MEOR ATIQULRAHMAN & ORS V FATIMAH BINTI SIHI & ORS
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(1) Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it.
The three plaintif were a primary school students at Sekolah Kebangsaan Serting Hilir (FELDA), Bandar Baru Serting, Negeri Sembilan. The plaintif wore turban as a part of the school uniform to school. They were advised repeatedly not to do so and to comply with the School Regulations 1997 but they refused. As a result on 3 November 1997, the plaintif were expelled from the school. The plaintif were unsatisfied and brought the case to the court under article 11(1) of the Federal Constitution.
Article 11 of the FEDERAL CONSTITUTION
The Court of Appeal reversed the judgment of the High Court
Court of Appeal
FACT OF THE CASE
The appellants wore turban as part of the school uniform to school. They were advised not to do so and to comply with School Regulation 1997. When they refused, the principal requested Syed Ahmad to see her.

3 April 1997

The principle requested Syed Ahmad to cooperate to ensure that the appellants adhere to the School Regulation 1997 .He refused to cooperate and the appellants continued to wear turban to school .

28 July 1997 and 4 August 1997

The respondent sent two letters to Syed Ahmad informing him about the appellants' breach of the School Regulations 1997 and for the appellants to substitute 'songkok' for the turban. The first respondent again requested for Syed Ahmad's cooperation to avoid disciplinary action being taken against the appellants.

Chronology of the Case
30 August 1997

The Director of Education of Negeri Sembilan wrote to Syed Ahmad stressing that the appellants had to observe the Regulations 'demi kepentingan dan kesejahteraan warga sekolah dan masyarakat sekitar'.

3 November 1997

As the appellants continued to refuse to comply with the Regulations, the principal sent a letter to Syed Ahmad informing him that the appellants had been expelled from the school with effect from 10 November 1997.


The appellants challenged their dismissal in court.
CHARACTERS
Fatimah Binti Sihi
Meor Atiqulrahman
Syed Ahmad
Syed Abdullah
Syed Ahmad Syakur
Held of Court
The Court of Appeal reversed the judgment of the High Court
High Court
The learned judge found in their favour, inter alia, ruling that the School Regulations 1997 was unconstitutional
Full transcript