G Ragumaren and Gurdial Singh Nijar and David Ragumaren with a group of Orang Asli at the Kota Baru High Court today.
“This suit also named other defendants and therefore Article 128 of the Federal Constitution cannot be applied,” he said in his submission at the Kota Bharu High Court today rebut the state government’s application to strike out the suit. The state has taken the position that the federal government has no locus standi to the bring the action.
Further, he said Parliament had passed the Aborigines People’s Act 1954 and this law placed the welfare of the Orang Asli under a director-general. Lawyer Khoo Guan Huat, appearing for the state and two others, said the constitution, which is the supreme legal document of Malaysia, has conferred jurisdiction to hear disputes between the state and Putrajaya only to the Federal Court.
The lawyer said the apex court was the appropriate forum to decide if the state and federal governments owed a joint fiduciary duty towards the Orang Asli.
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