PUTRAJAYA (June 15): The four undangs or chieftains of Negeri Sembilan and two others have filed an application at the Seremban High Court to set aside the ad interim injunction imposed on them by the court, to restrain the Dewan Keadilan dan Undang Negeri Sembilan (DKU) from convening meetings, making decisions, or taking any measures, until an ongoing court proceeding is heard in full.

The application was filed on June 12, and the matter is fixed for case management before Seremban High Court judge Roz Mawar Rozain on Thursday afternoon.

The filing of the application to set aside the injunction was filed by Datuk Mubarak Thahak (Undang Sungei Ujong), Datuk Maarof Mat Rashid (Undang Jelebu), Datuk Muhammed Abdullah (Undang Johol), Datuk Abd Rahim Yasin (Undang Rembau), Tunku Syed Razman Tunku Syed Idrus Al Qadri (Tengku Besar Tampin), and Datuk Seri Badarudin Abdul Khalid (Datuk Shahbandar Sungei Ujong).

They named the DKU, its secretary Raja Norazli Raja Nordin, and the Negeri Sembilan government as respondents.

The filing by the four chieftains was confirmed by their lead counsel Awang Armadajaya Awang Mahmud when met at the sidelines at the Palace of Justice here.

At the same time, the DKU and Raja Norazli have filed an application to institute contempt of court proceedings against the six over the alleged injunction breach that saw the chieftains involved in the appointment of a new Yang di-Pertuan Besar, following an event at an Alor Gajah hotel on June 5, after the ad interim injunction was obtained.

The application is scheduled to be heard on July 7. A representative of the DKU and Raja Norazli, from Messrs Steven Thiru Advocates and Solicitors, confirmed the matter when contacted by The Edge.

These recent developments with regard to the royal house have occurred amid the Negeri Sembilan legislative assembly having been dissolved and the state election having been fixed for Aug 1.

On June 5, Roz Mawar granted the ad interim injunction to preserve the status quo in view of the customary and constitutional crisis in Negeri Sembilan.

The injunction restrains the DKU from convening meetings, making decisions, or taking measures until an ongoing court proceeding is heard in full, and blocks attempts to remove Raja Norazli.

Roz Mawar, in her broad grounds to grant the ad interim injunction on June 5, said the court was satisfied that there are substantial questions that remain unresolved.

“More importantly, there is a pending challenge touching upon the very competence of this court to adjudicate the dispute. Should events continue to unfold pending the hearing of that challenge, there exists a real risk that the jurisdictional issue may be overtaken by events or rendered largely academic.

“In those circumstances, the just and prudent course is to preserve the prevailing state of affairs, pending the determination of the jurisdictional and justiciability issues. Such a course does not determine any substantive right of the parties. Nor does it amount to a finding on the merits of either injunction application.

“It merely ensures that the subject matter of the dispute remains intact, pending this court's determination,” said Roz Mawar.

The judge added that her court is acutely conscious of the unusual position in which the present applications arises, as the defendants Raja Norazli and DKU have raised a substantial challenge founded upon justiciability and jurisdiction.

“If those objections are ultimately upheld, it may follow that this court ought not to enter upon the substantive merits of the dispute. On the other hand, if interim relief is refused solely because those objections remain pending, there exists a real possibility that the events complained of by the defendants may transpire before the jurisdictional questions are determined.

“Should that occur, the factual and legal landscape may be materially altered, with the consequence that events may overtake the pending applications and even portions of the substantive proceedings,” she said in her decision.

Roz Mawar added that the court therefore considers that the balance of justice lies in favour of preservation, rather than alteration.

“Maintaining the status quo for a limited period carries a lower risk of injustice than permitting potentially irreversible steps to occur before the threshold questions of jurisdiction and justiciability have been adjudicated. This court is further satisfied that there exists sufficient urgency warranting temporary protective relief pending the hearing of the parties' applications,” she said.

Prior to this, it was reported that the four chieftains had taken legal action against the DKU, Raja Norazli, and the Negeri Sembilan government, to challenge the DKU’s decision on April 17, to remove Mubarak from being the Sungai Ujong undang.

On hearing the matter last month, Roz Mawar had rejected a bid by the chieftains to stay the April 17 decision to remove Mubarak, pending determination over whether the DKU’s decision was justiciable or otherwise.

Read also:
Court grants temporary injunction to preserve status quo amid Negeri Sembilan crisis
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