Judges refuse to rule on consitutionality of land grab

The Federal Court currently refused to answer a subject upon either a physical condition of land by a Sarawak supervision for a Bakun dam was unconstitutional or not.

The preference by Chief Justice Zaki Azmi (left) as well as a Chief Judge of Sabah as well as Sarawak Richard Malanjum, both of whom refused to answer a question, was to let alternative tentative cases understanding with a issue.

The alternative Federal Court judge, Justice Md Raus Sharif, answered a subject in a negative, as well as said a physical condition was not unconstitutional.

However, all three judges unanimously motionless to draw up of counsel Baru Bian's appeal following a land physical condition in Bakun by a state supervision 14 years ago to set up a multi-billion ringgit dam as well as a timber pulp mill.

Led by local Bato Bagi, 5 longhouse residents of Uma Balui Ukap at Batu Kalo, Uma Lesong at Batu Keling, Uma Bakah at Long Bulan, Rumah Kulit at Long Jawe as well as Rumah Ukit at Long Ayak upon June 23, 1997, claimed local prevalent rights over lands along Batang Balui as well as its tributaries in a Belaga District of Kapit division.

They were systematic to empty a land as well as surrender their local prevalent rights for a construction of a dam.

The inland people wanted a sequence to be declared blank upon a grounds that:

• The gauge disregarded a plaintiffs' fundamental rights under Articles 5(1) of a Federal Constitution, and/or Article 8 of a Federal Constitution and/or Art. 13(2) of a Federal Constitution;

• The ga! uge was in defilement of Article 39(1) as well as (2) of a constitution of! a sta te of Sarawak and/or Article 153 of a Federal Constitution; and

• The gauge was made pursuant to sections 5(3) as well as (4) of a Sarawak Land Code, which are blank as well as unconstitutional as being in defilement of Article 5(1) of a Federal Constitution and/or Article 8 of a Federal Constitution and/or Article 39(1) as well as (2) of a constitution of a state of Sarawak and/or Article 153 of a Federal Constitution.

Bato has since upheld away.

Zaki said this was a many difficult judgment he had to understanding with during his three-year tenure as arch justice.

[More to follow]

Courtesy of Bonology.com Politically Incorrect Buzz & Buzz