The parties involved in the case have agreed to remit the matter back to the High Court for a rehearing of the striking-out applications from five defendants, including the Federal Government.
The Court of Appeal panel, led by Justice Datuk S. Nantha Balan granted the group's appeal to annul the High Court's decision delivered on Oct 3, last year, which had allowed the applications from the Federal Government, the Orang Asli Development Department (Jakoa), its director, its officer, and the Pahang Islamic Religious and Malay Customs Council (MUIP) to strike out the group's lawsuit.
The panel also accepted the affidavit-in-reply filed by the group after granting them an extension of time to submit the document which was filed late. The reply affidavit was submitted in response to the defendants' striking-out applications.
Justices Datuk Dr Choo Kah Sing and Datuk Ahmad Kamal Md Shahid also sat on the panel.
Earlier, lawyer A.Surendra Ananth representing the group told the court that the case should be remitted back to the High Court, asserting that his clients should be granted an extension of time to submit their reply affidavit.
The Orang Asli from the Bateq Tanum tribe in Kuala Lipis, Pahang, filed the lawsuit on Sept 9, 2022, claiming that they were unlawfully converted to Islam and sought an order to nullify their religious status.
The Federal Government, Jakoa and MUIP, subsequently applied to strike out the lawsuit with the Pahang state government supporting their application.
Federal Counsel Mohammad Sallehuddin Md Ali represented Jakoa and the federal government, lawyer Norazali Nordin for MUIP while Pahang state legal adviser Abdul Hafiz Razat represented the state government.
-- BERNAMA
