Federal govt's suit against Kelantan govt set for mention on Jan 22

KUALA LUMPUR, Jan 18 (Bernama) -- The suit filed by the Federal Government against the Kelantan State Government and seven other parties over recognition of the Temiar Orang Asli’s land rights in Pos Simpor near Gua Musang, has been set for mention on Jan 22.

The case will be heard before Judicial Commissioner Datuk Wan Farid Wan Salleh.

According to a source, the suit was filed by the Attorney General's Chambers (AGC) representing the Federal Government on Jan 14, 2019 (Monday) at the Kota Bharu High Court, with a certificate of urgency.

"We received a sealed copy of the statement of claim from the court on Tuesday and we are also in the process of submitting the statement of claim to the Kelantan State Government and several other defendants," said the source, adding that some of the defendants had also received "sealed copies" of the claim statement from the AGC.

Asked about the proceedings on Jan 22, the source informed that the court would probably hear the application of the federal government as the sole plaintiff in the suit, to seek an injunction order to prevent intrusion and destruction of native land for commercial gain by the private sector.

In its statement of claim, the federal government named Fleet Precision Sdn Bhd, Kelantan State Land and Mines Director, Kelantan State Forestry Department Director, Kelantan State Government, Koperasi Kijang Mas Negeri Kelantan Berhad, KPG Maju Enterprise Sdn Bhd, Ringgit Saksama (M) Sdn Bhd and M7 Plantation Berhad as the first to eighth defendants.

Attorney-General Tommy Thomas in a press statement today said this is the first time since Independence that the Federal  Government is instituting legal proceedings on behalf of the Orang Asli in giving recognition of its constitutional and legal duty to protect and promote the community’s wellbeing and development.

According to him, the Kelantan State Government and its agencies had recently issued logging licenses to private companies which then used heavy machinery to fell trees and take the logs out of a vast area of the forest cleared for the planting of durian and rubber trees.

He said the Kelantan government did not consult with the Temiar Orang Asli community before granting the logging rights or offer any compensation to them.

Thomas said the move had deprived the community of their anccestral land and resources and had caused erosion, pollution and destruction to the Pos Simpor ecological system and landscape.

He said although the Kelantan State Government had jurisdiction over matters pertaining to land, forestry and mineral resources, they were also bound to their main responsibility, which could not be set aside for the protection and preservation of the well-being of the Temiar Orang Asli.

-- BERNAMA