KUALA LUMPUR (Aug 10): High Court judge Norliza Othman has asked the counsel representing three former Negeri Sembilan Undangs and the incumbent Johol Undang to decide whether to continue with last month's judicial review application in Kuala Lumpur or have it transferred to Seremban.

Norliza said this follows the applicants having filed an earlier originating summons at the Seremban High Court in May, which has yet to be heard.

To avoid the risk of conflicting decisions, she instructed counsel Mohd Khairul Azam Aziz, of Messrs Azam Aziz, to take instructions from his clients on whether to proceed in KL or Seremban.

Norliza, who met parties in her chambers, directed all parties to return to court on Oct 7 to update the court on their decision.

Sources said the judge did not grant Mohd Khairul’s oral application for a gag order to prohibit public discussion on the matter.

It is also understood that the court rejected the application following opposition from Dewan Keadilan and Undang (DKU) and the Negeri Sembilan government, on grounds that the case involves matters of public interest.

Norliza has yet to rule on the DKU application to intervene, which remains pending until the plaintiffs return to court on Oct 7.

Senior federal counsel Nurhafizza Azizan appeared for the Attorney General Chambers while David Mathew appeared for the DKU.

Mohd Khairul declined to comment when approached by reporters, while Mathew and Nurhafizza confirmed the outcome of the gag order application when met.

The quartet — Datuk Mubarak Thahak (whose status as the Undang for Sungai Ujong is under dispute), Datuk Maarof Mat Rashid (the removed Undang for Jelebu), Datuk Abd Rahim Yasin (the removed Undang for Rembau) and Datuk Muhammed Abdullah (the present Undang for Johol) — have named the Negeri Sembilan menteri besar (MB) and the state government as respondents in this case.

They filed a judicial review application on July 17 through Messrs Azam Aziz & Co, and are seeking a mandamus order to compel the Negeri Sembilan MB to sign their proclamation document, which seeks to remove the present Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawer as the state’s ruler, and a further proclamation that Tunku Nadzaruddin Tuanku Jaafar is the 12th Yang di-Pertuan Besar.

They are seeking a court order for the MB to sign the document within seven days of the court order.

Besides this, the four and two others, namely Tunku Besar Tampin Tunku Syed Razman Tunku Syed Idrus Al Qadri and Datuk Seri Badarudin Abdul Khalid (Datuk Shahbandar Sungai Ujong), filed an originating summons at the Seremban High Court in May in seeking a court order for the DKU minutes dated April 17 to be produced, following the expulsion of Mubarak, which they are also challenging.

The DKU and its secretary Raja Norazli Raja Nordin had opposed the application, citing DKU matters as non-justiciable as it does not have jurisdiction, and hence the court also refused a stay over the decision to remove Mubarak.

The hearing of the matter remains pending, but at the Seremban High Court, presiding judge Roz Mawar Rozain had on July 8 granted leave for a committal hearing against the six following the purported violation of the six applicants (the four Undangs and two others) of an ad-interim injunction in holding a DKU meeting or events and participating in the installation of Tunku Nadzaruddin last June 5.

The committal proceedings, which was scheduled on July 28, however, has been stayed pending their appeal over Roz Mawar’s July 8 decision, which currently remains at the Court of Appeal.

Read also:
Three deposed Undangs and Johol Undang seek to compel new MB to validate their attempt to oust current Yamtuan
COA gives stay over contempt proceedings on Undangs and chieftains
Four Negeri Sembilan chieftains go to court to suspend Sungei Ujong Undang’s removal pending meeting minutes
Negeri Sembilan court allows contempt proceedings against Undangs, two others