PUTRAJAYA: A group of 137 Orang Asli will have their day in court after their legal challenge concerning their religious status as Muslims, which was previously dismissed, was reinstated on Wednesday (Oct 9).
The parties involved agreed to send the case back to the High Court for a rehearing of the striking-out applications filed by five defendants, including the Federal Government.
The Court of Appeal panel, led by Justice S. Nantha Balan, granted the group's appeal to overturn the High Court's decision from Oct 3 last year, which had accepted the striking-out applications from the Federal Government, the Orang Asli Development Department (Jakoa), its director, its officer, and the Pahang Islamic Religious and Malay Customs Council (MUIP).
The panel also accepted the group's affidavit-in-reply after granting them an extension to submit the document, which was filed late. The affidavit was a response to the defendants' striking-out applications.
Justices Dr Choo Kah Sing and Ahmad Kamal Md Shahid were also part of the panel.
Earlier, lawyer A. Surendra Ananth, representing the group, argued that the case should be referred back to the High Court, stating that his clients deserved an extension of time to submit their reply affidavit.
The Orang Asli from the Bateq Tanum tribe in Kuala Lipis, Pahang, filed the lawsuit on Sept 9, 2022, alleging they were unlawfully converted to Islam and seeking an order to nullify their religious status.
The Federal Government, Jakoa, and MUIP applied to strike out the lawsuit, with the Pahang state government supporting the application.
Federal Counsel Mohammad Sallehuddin Md Ali, represented Jakoa and the federal government, lawyer Norazali Nordin represented MUIP, while Pahang state legal adviser Abdul Hafiz Razat represented the state government. – Bernama
