Court rejects Putrajaya’s bid to stop firms cultivating Orang Asli land

Ragumaren Gopal (grey hair) and Gurdial Singh Nijar explaining the court ruling to the Orang Asli.

PETALING JAYA: The Kota Bharu High Court has dismissed Putrajaya’s application to stop five private companies from further encroaching into Orang Asli settlements in Gua Musang.

Judge Wan Ahmad Farid Wan Salleh said allowing the injunction sought by the federal government was indirectly giving a restraining order to the Kelantan government.

“It is trite law that no injunction can be given against the government (state or federal), directly or indirectly,” he said.

The federal government had filed the suit in January against 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 suit also named the state government, state director of lands and mines and state director of the Forestry Department as parties.

Wan Ahmad ruled that the five companies or their agents could only occupy and cultivate about 4,000ha, pending the actual disposal of the dispute.

Putrajaya filed the suit as the PAS-led Kelantan government and its agencies had granted logging licences to private companies, allowing them to enter the native land, covering about 30,000ha, occupied by 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.

The state subsequently filed an application to strike out the suit on grounds that Putrajaya has no legal standing to bring the case against it.

However, on Aug 20, Wan Ahmad dismissed the state government’s application on grounds that it was not a dispute between the state and federal government as it also involved five private companies.

The state government has filed an appeal in the Court of Appeal.

The state maintains that only the Federal Court has the jurisdiction to settle a dispute when it involves two sovereign authorities.

Putrajaya was represented by Gurdial Singh Nijar and Ragumaren Gopal, who have been given a special licence by Attorney-General Tommy Thomas.

Also on the team are senior federal counsel Kamal Azira Hassan and David Ragumaren. - FMT