Federal Court dismisses Orang Asli bid to obtain leave to appeal | The Malaysian Insight

26/9/2022 2:24:00 PM

Judge says villagers failed to meet threshold requirement.

Orang Asli, Hasnah Mohammed Hashim

Federal Court dismisses Orang Asli bid to obtain leave to appeal

Judge says villagers failed to meet threshold requirement.

Copy URLIn their statement of claim, the villagers allege that the defendants, including the Kelantan state government, had encroached into their ancestral land for mining, logging as well as for oil palm and rubber tree plantations. – The Malaysian Insight file pic, September 26, 2022.

A GROUP of orang asli villagers of Kg Kelaik, Gua Musang, Kelantan today failed to obtain leave to pursue their appeal at the Federal Court to get an interlocutory injunction order to stop 14 entities, including the Kelantan state government, from carrying out work on their ancestral land.

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× Copy URL In their statement of claim, the villagers allege that the defendants, including the Kelantan state government, had encroached into their ancestral land for mining, logging as well as for oil palm and rubber tree plantations.A KUALA LUMPUR (Sept 26): The High Court here on Monday (Sept 26) granted Datuk Seri Ismail Sabri Yaakob an ad interim injunction against Datuk Lokman Noor Adam in the prime minister's suit over an alleged defamatory statement on Lokman’s social media accounts.Built from bamboo and forest wood, the Pulau Manis homestay is meant to reflect the identity of the Orang Asli there as well as create a personal experience and attraction for tourists.× Copy URL Prime Minister Ismail Sabri Yaakob meets Palestine President Mahmoud Abbas in New York.

– The Malaysian Insight file pic, September 26, 2022. A GROUP of orang asli villagers of Kg Kelaik, Gua Musang, Kelantan today failed to obtain leave to pursue their appeal at the Federal Court to get an interlocutory injunction order to stop 14 entities, including the Kelantan state government, from carrying out work on their ancestral land. "The court ordered the defendant (Lokman) to file an affidavit in reply by Oct 11, and for the plaintiff to file in by Oct 25. The villagers wanted to get the interlocutory injunction order, pending the disposal of their lawsuit in the High Court. “The main purpose is to improve our economy at Pos Balar while creating job opportunities for the youths in the village,” he added. Federal Court judge Hasnah Mohammed Hashim dismissed the villagers’ application to obtain leave to appeal with no order as to cost. On Sept 12, Ismail Sabri obtained an interim injunction from the High Court for Lokman to delete immediately all videos on his social media accounts that allegedly defamed the premier. She ruled that the villagers failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964 and that there were no (legal) questions of general importance that were not previously decided by the Federal Court. He touched on various international issues, among them the conflict in Ukraine and the issues of Myanmar and Palestine, as well as food security and climate change.

In the court proceedings conducted online, lawyer Sachpreetraj Singh Sohanpal representing the villagers had raised seven questions of law which he contended that the Federal Court ought to determine as those questions involved novel issues that were not decided by the Federal Court. The court also issued an injunction to prevent the defendant, either himself or his agents, from making similar statements on social media or any other website belonging to him. Galas assemblyman Mohd Syahbuddin Hashim said the homestay would allow the Orang Asli community to highlight the flora and fauna as well as the uniqueness of the tradition and culture there. Three orang asli villagers, Ahak Uda, Aziz Angah and Anjang Uda, had filed the suit for themselves and also on behalf of the Kg Kelaik villagers at the Kota Bahru High Court to declare that they were the rightful owners of their ancestral land. In their writ of summons, they had named Syarikat Perlombongan Gua Musang Sdn Bhd, Redstar Capital Sdn Bhd, Aqua Orion Sdn Bhd, Damai Corporate Services Sdn Bhd, Sindiyan Sdn Bhd, and Sindiyan Agro Park Sdn Bhd as the first to sixth defendants. The prime minister, who is an Umno vice-president, filed the suit in his personal capacity. Ladang Kelantan Sdn Bhd, Ikrar Bumi Sdn Bhd, Ladang Ulu Nenggiri Sdn Bhd, Iliasco Engineering & Construction Sdn Bhd, Kelantan Land and Mines Department, Kelantan Forestry Department, Orang Asli Development Department (Jakoa) and Kelantan state government were named as the seventh to 14th defendants. “The homestay not only offers 11 houses for rent, it is also complete with prayer room facilities, agricultural areas and sufficient toilets,” he said. In their statement of claim, the villagers alleged that the defendants had encroached into their ancestral land for mining, logging as well as for oil palm and rubber tree plantations, which affected the daily livelihood of villagers living in the areas. In the statement of claim, Ismail Sabri stated that Lokman on Aug 22 made defamatory statements against him in the video.  He also hosted a dinner for the Malaysian diaspora in the US.

On March 18, last year, the Kota Bahru High Court granted an ex-parte interlocutory injunction order to the villagers, However, they failed to obtain an interparte interlocutory injunction from the High Court which was dismissed on August 20, last year. They also lost their appeal in the Court of Appeal which was dismissed on April 21, this year after the Court of Appeal ruled that no injunction, whether interlocutory or permanent could be granted against the government under Section 29 of the Government Proceedings Act 1956 and Section 54 of the Specific Relief Act 1950. According to Ismail Sabri, the words meant, among other things, that he had met with Mahathir, and planned or intended to plan with the former prime minister and other opposition political parties to remain as the premier by turning his back on and betraying Umno. The suit is fixed for case management on December 14, at the Kota Baru High Court. – Bernama, September 26, 2022. On Sept 1, Lokman pleaded not guilty in the Sessions Court here to two charges of making and initiating offensive communications against Ismail Sabri and the Government through the Facebook application under the profile name"Lokman Noor Adam Official". Related News .  Ismail will also visit the Abu Dhabi National Oil Company (ADNOC), with a view to looking into potential collaboration between ADNOC and Petronas in oil and gas as well as renewable energy.