Appeals court should decide jurisdiction over NS undangs, says lawyer
Awang Armadajaya Awang Mahmud says the key question is whether the High Court or Special Court has the power to hear matters involving the four chieftains.
A lawyer has urged the Court of Appeal to determine whether the High Court or the Special Court holds jurisdiction over four Negeri Sembilan undangs, or ruling chieftains, in matters involving an interim injunction. Six individuals, accused of breaching the injunction, are seeking a stay of committal proceedings in the Court of Appeal.
The lawyer, Awang Armadajaya Awang Mahmud, argued that Article 160 of the Federal Constitution defines a ruler in Negeri Sembilan to include the ruling chiefs. He cited Article 182, which outlines that civil and criminal matters involving a ruler should be heard by the Special Court, and Article 183, which states that no action can be brought against a ruler without the attorney-general's consent.
The lawyer represented the six individuals before a three-member Court of Appeal bench. However, lawyer Steven Thiru, representing the Dewan Keadilan dan Undang Negeri Sembilan and its secretary, contended that the term "ruler" in Negeri Sembilan does not include the undangs, as established by previous case law. The case began when Mubarak and the five others filed an originating summons on May 5 to obtain a copy of the minutes of a special DKU meeting, which led to Mubarak's removal as the Sungai Ujong undang.
The High Court granted an interim injunction on June 5 to maintain the existing DKU composition, pending the resolution of jurisdiction and justiciability issues.
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