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Court stays contempt case against tribal leaders

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Court stays contempt case against tribal leaders - contempt case
Court stays contempt case against tribal leaders

The Court of Appeal has stepped in to halt contempt proceedings against six traditional leaders in Negeri Sembilan. A three-member bench granted a stay of execution on Tuesday, pausing the legal consequences for four Undangs and two chieftains involved in an ongoing palace dispute.

The decision effectively pauses a High Court ruling from July 8. Justice Roz Mawar had determined there was a prima facie case against the group for violating an injunction granted on June 5. That order had specifically prohibited them from holding a meeting of the Dewan Keadilan dan Undang (DKU).

Datuk Azhahari Kamal Ramli led the appellate bench. He sat with judges Datuk Ahmad Kamal Md Shahid and Datuk Seri Latifah Mohd Tahar during the hearing in Putrajaya.

The appellate court has moved quickly to manage the timeline. Azhahari directed that a case management be done on Thursday to fix an early hearing date for their appeal. Initially, the High Court had fixed Sept 8 for the hearing of the committal proceedings against Syed Razman, but that schedule is now in flux.

The stay applies to all six individuals. This includes Tunku Besar Tampin Tunku Syed Razman Tunku Syed Idrus Al Qadri, who recently appointed his own legal counsel separate from the others.

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The Legal Challenge

The contempt allegations are rooted in a specific ceremonial event. Despite the June 5 injunction, the Undangs and chieftains proceeded with an installation ceremony. During this event, they proclaimed Tunku Datuk Seri Nazaruddin Tuanku Jaafar as the new Yang di-Pertuan Besar of Negeri Sembilan.

The court’s intervention suggests a preference for resolving the broader constitutional questions before penalizing the individuals for procedural defiance. By pausing the committal proceedings, the appellate judges are effectively buying time to determine if the High Court even has the authority to adjudicate the internal customs of the state’s traditional council.

The legal teams are now preparing for the next stage. Senior lawyer Steven Thiru, representing the DKU and its secretary Raja Norazli Raja Nordin, did not oppose the delay. He appeared with David Matthew and Gregory Das.

Thiru told the bench they did not want the charges hanging over the defendants for long. He suggested adjourning the stay hearing to focus on a speedy resolution of the main appeal.

A Disputed Succession

The legal setting is becoming more complicated. Thiru informed the bench that they had filed another application for leave for committal against all six. This new legal challenge targets their purported refusal to accept service of the first committal papers, adding a second procedural battle to the docket.

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The six plaintiffs include Datuk Maarof Mat Rashid, Datuk Muhammed Abdullah, and Datuk Abd Rahim Yasin. They are the Undangs for Jelebu, Johol, and Rembau respectively.

The list also includes Datuk Mubarak Thahak and Datuk Seri Badarudin Abdul Khalid. Mubarak’s status as the Undang of Sungai Ujong is currently under dispute, which forms the basis of much of this conflict. The plaintiffs originally sought a court order to force the production of DKU meeting minutes from April 17.

The controversy began after Mubarak’s expulsion in April. Following that decision, the chieftains announced the removal of the current ruler, Tuanku Muhriz Tuanku Munawir. This declaration set the stage for the installation of Tunku Datuk Seri Nazaruddin.

The state government, led by Menteri Besar Datuk Seri Aminuddin Harun, has not recognized this removal. The DKU maintains its matters are non-justiciable and fall outside court jurisdiction, a position the High Court has previously upheld by refusing a stay on Mubarak’s expulsion.

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