The Negeri Sembilan's Council of the Yang di-Pertuan Besar and the Ruling Chiefs' (Dewan Keadilan dan Undang) yesterday objected to the territorial chieftains’ originating summons seeking an order to compel it to furnish the minutes of an April 17 meeting.
Lawyer Steven Thiru, who represents the council and its secretary Raja Norazli Raja Nordin, reportedly raised an issue with the Seremban High Court's power to hear the case.
He cited Article 16(3) of the Negeri Sembilan state constitution, which stipulates that the council's advice relating to Malay custom in the state cannot be challenged in court on any ground, including on the succession or removal of any of the state's chieftains.
According to Berita Harian, Steven argued that the court has no jurisdiction to hear the originating summons because the council is the highest authority for administering Malay custom in Negeri Sembilan.
Following this, Seremban High Court judge Roz Mawar Rozain ordered the plaintiffs to file a formal objection on the matter.
Last week, the state's four territorial chieftains, or Undang Luak, along with the tunku besar of Tampin and Sungai Ujong’s datuk syahbandar, filed a summons at the court.
They were seeking the council to release the minutes from the council's special sitting on April 17, where a decision was supposedly reached unanimously to approve the sacking of Sungai Ujong chieftain Mubarak Thahak.
The plaintiffs comprise the Undang Luak of Jelebu, Maarof Mat Rashad, Muhammad Abdullah (Johol), Abd Rahim Yassin (Rembau), and Mubarak, together with tunku besar of Tampin, Tunku Syed Razman Tunku Syed Idrus Al-Qadri, and Sungai Ujong’s datuk syahbandar Badarudin Abdul Khalid.
In their filing, the six want the court to declare that as council members, they are entitled to a copy of the meeting minutes.
They are also seeking the court to compel the defendants to furnish them with the special sitting meeting minutes within seven days, and "an order to suspend the implementation of any enforcement by the defendants in relation to the decision of the special sitting".
Besides the council and Norazli, the plaintiffs also named the Negeri Sembilan government as a defendant.
Seven lawyers led by Awang Armadajaya Awang Mahmud represented the chieftains and their co-plaintiffs, while state assistant legal adviser Ala'uddin Baharom, senior federal counsel Amalina Zainal Mokhtar, and federal counsel Shafiq Sazali represented the state government. - Mkini
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