Kelantan govt’s appeal to strike out suit over Orang Asli land postponed

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PUTRAJAYA: The Court of Appeal has adjourned tomorrow’s hearing of the Kelantan government’s appeal to strike out a suit filed by the federal government over alleged encroachments into Orang Asli settlements in Gua Musang.


Lawyer G Ragumaren said the Court of Appeal registry informed parties about the adjournment last week because of the conditional movement control order (CMCO).

All courts in Putrajaya, Kuala Lumpur and Selangor have suspended criminal and civil trials during the CMCO period, scheduled to end tomorrow.

“Case management will be held on Nov 9 to fix a new appeal hearing date,” said Ragumaren, who was given a special licence to represent Putrajaya together with lawyer Gurdial Singh Nijar.

On Aug 20 last year, Kota Bharu High Court judge Wan Ahmad Farid Wan Salleh said he had jurisdiction to hear the dispute between Putrajaya and the PAS-led state government as it involved five private companies.

Putrajaya filed the suit in January last year to protect the native land rights of the Orang Asli.

It also sought an injunction to stop private companies from encroaching into native lands to carry out commercial activities, as well as several declarations.


The case involves Fleet Precision Sdn Bhd, Koperasi Kijang Mas Negeri Kelantan Bhd, KPG Maju Enterprise Sdn Bhd, Ringgit Saksama (M) Sdn Bhd and M7 Plantation Bhd.

The Kelantan government and its agencies had granted logging licences to private companies, allowing them to enter the native land of the Temiar Orang Asli in Pos Simpor, near Gua Musang.

Vast areas of forest were reportedly cleared to make way for durian and rubber tree plantations.

In its statement of claim, Putrajaya said this had deprived the Temiar Orang Asli of their native land and resources and caused widespread erosion, pollution and irreparable damage to the ecology and landscape of Pos Simpor.

Lawyer Khoo Guan Huat and former chief justice Salleh Abas are appearing for the state, the state director of lands and mines, and the director of the state forestry department. – FMT

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