High Court requests decision on venue for judicial review involving Negeri Sembilan Undang

KUALA LUMPUR, Aug 10 — The High Court has ordered counsel for three former Negeri Sembilan Undang and the incumbent Johol Undang to decide whether their judicial review will proceed here or Seremban, to avoid the risk of conflicting rulings on the same matter.

High Court judge Norliza Othman’s directive follows an earlier originating summons filed by the applicants at the Seremban High Court in May, which has yet to be heard, The Edge reported.

Counsel Mohd Khairul Azam Aziz, of Messrs Azam Aziz, was instructed to seek instructions from his clients on the matter. All parties are scheduled to return to court on Oct 7 to provide an update.

During the proceedings, the court also declined an oral application by Mohd Khairul for a gag order to prohibit public discussion of the case. The application was opposed by the Dewan Keadilan and Undang (DKU) and the Negeri Sembilan government, who argued that the proceedings involve matters of public interest.

The court has not yet ruled on a pending application by the DKU to intervene in the case; this decision remains deferred until Oct 7.

The applicants — Datuk Mubarak Thahak, Datuk Maarof Mat Rashid, Datuk Abd Rahim Yasin, and Datuk Muhammed Abdullah — have named the Negeri Sembilan menteri besar (MB) and the state government as respondents.

In their judicial review application filed on July 17, the quartet is seeking a mandamus order to compel the MB to sign a proclamation document. This document seeks the removal of the present Yang di-Pertuan Besar, Tuanku Muhriz Tuanku Munawer, and a further proclamation naming Tunku Nadzaruddin Tuanku Jaafar as the 12th Yang di-Pertuan Besar. The applicants are requesting that the MB sign the document within seven days of the court order.

Separately, the four Undang, along with Tunku Besar Tampin Tunku Syed Razman and Datuk Seri Badarudin Abdul Khalid, filed an originating summons in the Seremban High Court in May. They are seeking a court order for the production of DKU minutes dated April 17, following the expulsion of Datuk Mubarak, a decision they are also challenging.

The DKU and its secretary, Raja Norazli Raja Nordin, have opposed this application, arguing that DKU matters are non-justiciable and outside the court’s jurisdiction. Consequently, the court refused a stay over the decision to remove Datuk Mubarak.

In a related development, Seremban High Court judge Roz Mawar Rozain granted leave on July 8 for a committal hearing against the six applicants for the alleged violation of an ad-interim injunction.

The violation pertains to the holding of a DKU meeting and participation in the installation of Tunku Nadzaruddin on June 5. These committal proceedings are currently stayed pending an appeal at the Court of Appeal.

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