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- Datuk Rhodzariah Bujang, leading a three-judge panel together with Datuk Abu Bakar Jais and Datuk Lee Swee Seng, said they need more time to study the submissions and will inform the parties of a date for a decision in due course.
PUTRAJAYA (July 22): The Federal Court has deferred its decision on the judicial review challenging the Selangor state government’s action to remove Bukit Cherakah’s forest reserve status.
Datuk Rhodzariah Bujang, leading a three-judge panel together with Datuk Abu Bakar Jais and Datuk Lee Swee Seng, said they need more time to study the submissions and will inform the parties of a date for a decision in due course.
The plaintiffs are Damien Thanam Divean, who represents Pertubuhan Pelindung Khazanah Alam, and Lim Teck Wyn on behalf of Persatuan Rimba Komuniti Shah Alam.
The two non-governmental organisations (NGOs) are seeking the judicial review to quash a 2022 measure that will open up more than 400ha of the forest reserves for development, claiming that it was illegal for the Selangor government to backdate a gazette.
The state government decided to de-gazette the area on Nov 20, 2000, while the gazette was published on May 5, 2022. The delay in publication meant the public, including the NGOs, was not informed until 2022.
The Bukit Cherakah forest reserve is home to a group of indigenous people as well as a popular spot for hikers.
In their submissions, lawyers for the NGOs argued that the Selangor state government’s move was illegal and procedurally flawed.
The lawyers submitted that no public inquiry was conducted as mandated under Section 11 of the 2011 amendment to the National Forestry Act (Adoption) Enactment. The backdating of the gazette to 2000 was a deliberate attempt to evade legal obligations introduced in 2011, they argued.
They also argued that there is no statutory power for retrospective degazettement and that the failure to replace the excised forest area violates Section 12 of the National Forestry Act 1984.
Meanwhile, lawyers for the Selangor state argued that the state was well within its rights to backdate the gazette and that their actions were lawful.
Prior to this, the two NGOs had failed to obtain leave at the High Court and the Court of Appeal for their judicial review application to be heard.
The NGOs are jointly represented by counsels Rajesh Nagarajan, Datuk Dr Gurdial Singh Nijar, Abraham Au, Amanda Sonia Matthew and Ambbi Balakrishnan.
Lawyers for the Selangor Government and other respondents are Hani Aziza Ismail Aziz, Mary Phoon, Ng Ka Choon, Low Jiah Yee, Ganapathi Ramasamy, Al-Sabri Ahmad Kabri, Marla Mohd Aaron, Sarah Low and John Wong.
The Malaysian Bar, represented by New Sin Yew and Abhilaash Subramaniam, appeared as amicus curiae or impartial adviser to the court. The World Wildlife Fund (WWF) also appeared as amicus curiae represented by Malik Imtiaz Sarwar and Kevin Manuel Pillay.
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