SEREMBAN, May 13 — The High Court today ordered the defendants in an originating summons filed by Datuk Mubarak Thahak and five others to file affidavits within seven days in support of their challenge to the court’s jurisdiction.

Justice Roz Mawar Rozain issued the order after hearing preliminary objections raised by the first defendant, Negeri Sembilan Dewan Keadilan dan Undang (DKU) secretary Raja Norazli Raja Nordin, and the second defendant, the DKU. 

Counsel for both defendants, Steven Thiru, objected to the originating summons on the ground that the court lacks jurisdiction under Article 16(3) of the Negeri Sembilan State Constitution 1959. 

“The advice of the Dewan (DKU) on questions relating to Malay Custom in any part of the state, including advice on any question relating to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs referred to in Article XIV, shall be final and shall not be challenged or called in question in any court on any ground,” he submitted.

The court has fixed 28 July to hear the case.

Meanwhile, Negeri Sembilan assistant state legal adviser Ala’uddin Baharom and counsel for the third defendant (the Negeri Sembilan state government) also objected to the plaintiffs’ application to obtain the minutes of the DKU’s special sitting, on the ground that the defendant is not a member of the DKU.

“All matters relating to the preparation, maintenance and retrieval of meeting minutes fall outside the state government’s purview.

“I submit that the court’s jurisdiction must first be determined, as meeting minutes and decisions are generally distinct matters. As for the third prayer (for a stay), the defendant strenuously objects and requests that this issue be heard first,” he argued.

However, the judge stated that the court would not grant the interim stay sought under that prayer at this juncture, citing, among other things, insufficient material before the court to warrant exercising its discretion to grant such a stay.

“At this stage, the court will not grant any order for a stay as prayed,” she said.

Commenting on the matter, counsel Awang Armadajaya Awang Mahmud, who represents the six plaintiffs, said the judge ruled that the evidence in the affidavits was insufficient to warrant an interim stay.

“However, the judge clarified that the plaintiffs are not precluded from making a formal application for that stay. I will seek further instructions from them for further action,” he told reporters outside court.

On May 5, Mubarak and five other individuals filed an originating summons in the Seremban High Court seeking copies of the minutes of the special sitting of the Negeri Sembilan DKU held on April 17.

The five other plaintiffs are Undang of Luak Jelebu, Datuk Maarof Mat Rashad; the Undang of Luak Johol, Datuk Muhammed Abdullah; the Undang of Luak Rembau, Datuk Abdul Rahim Yasin; the Tunku Besar of Tampin, Tunku Syed Razman Tunku Syed Idrus Al-Qadri; and the Shahbandar of Sungei Ujong, Datuk Seri Badarudin Abdul Khalid.

It was previously reported that Mubarak had been removed from his position as Undang of Luak Sungei Ujong. — Bernama