THANKS to Orang Asli advocate Siti Kasim’s intervention, a total of 137 Bateq Mayah tribe members can now challenge their alleged unlawful mass conversion into Islam over 30 years ago.
This came about after the Court of Appeal today (Oct 9) ordered their lawsuit to be remitted to the Kuantan High Court for hearing.
Recall that last year, the High Court allowed applications by the Federal government and five other defendants to strike out the civil action without hearing its merits.
They are the Orang Asli Development Department (JAKOA), its director and officer, and the Pahang Islamic Religious and Malay Customs Council.
“This has been a long time coming. They’ve approached me more than 10 years ago on their situation and I sat on it due to the difficulties I foresee,” commented Siti Kasim who is also a human rights activist.
“True enough, challenges did happen to them and to me. But they didn’t give up. They pursued and finally I brought some other lawyers to help.
“So, here we are on our journey to find relief for the villagers who are resolute in what they want. To leave a religion in which they have never wanted and never practiced. So many of the villagers wanted to come but due to limited funds, we can’t do so.”
During today’s proceedings, appellate bench chairperson judge Datuk S. Nantha Balan said the suit needs to be heard as it involved very serious and scandalous allegations of unlawful forced conversion.
“Here, they (Orang Asli appellants) are talking about fundamental rights and their aboriginal rights, and right to ancestral land not being protected. The allegations may be false, nobody is saying that whatever is pleaded has been established.
“That is just the pleading (in the suit) but that in the ordinary case, it cannot be struck out (just like that),” Nantha said on behalf of bench member judges Datuk Dr Choo Ka Sing and Datuk Ahmad Kamal Md Shahid.
Law firm Seira & Sharizad is acting for the Orang Asli plaintiffs. The Attorney-General’s Chambers (AGC) appeared for the federal government.
The matter is set for case management before the High Court on Nov 12.
Filed on Sept 28, 2022, the suit alleged that the wrongful and illegal conversion was carried out at the Orang Asli’s home at Kampung Benchah Kelubi, Merapoh, Kuala Lipis, Pahang, in April 1993. – Oct 9, 2024
Images credit: Siti Kasim/Facebook
