CJ told to ensure justice for the poor

G Vinod | August 12, 2011

Bukit Jalil residents say the judiciary has no compassion.

PETALING JAYA: The residents of Bukit Jalil Estate have called upon Chief Justice Zaki Azmi to restore in the Malaysian judiciary a compassion for the poor.

Disappointed with a High Court dismissal of their suit against Kuala Lumpur City Hall (DBKL) yesterday, the residents this morning submitted a memorandum to Zaki expressing regret that the court system seemed no longer interested in doing justice to the poor.

They handed the memorandum to Zaki’s special officer, Shazani Hidayat.

The 41 families living in the former estate land have been at odds with City Hall since March, when it issued them eviction notices under the Emergency Ordinance (EO).

Their argument was that the EO could be used only to evict squatter settlers, not former estate workers.

However, in May, High Court judge Zabariah Mohd Yusof refused to allow an injunction against DBKL.

Yesterday, Zabariah again disappointed the residents by dismissing their suit challenging DBKL’s use of the EO. The judge said they had sued the wrong party.

The residents have also sent letters to Prime Minister Najib Tun Razak and Federal Territories and Urban Wellbeing Minister Raja Nong Chik Raja Zainal Abidin, urging them to intervene in the matter.

They have sent copies to Minister in the Prime Minister’s Department G Palanivel, Human Resources Minister Dr S Subramaniam and Kuala Lumpur mayor Ahmad Fuad Ismail.

Parti Sosialis Malaysia secretary general S Arutchelvan told FMT that Zabariah made a mistake in dismissing the residents’ suit against DBKL.

He agreed that the land now belonged to the Federal Territories Islamic Department (Jawi), but he pointed out it was not Jawi that was trying to evict them.

“And DBKL did not indicate in their notices that they were acting on behalf of Jawi.”

He also said it was wrong for Zabariah to allow the use of the EO to evict plantation workers.

“The law can only be used against squatters,” he said. “This is the first time EO is being used to evict estate workers.”

The residents have filed an appeal against Zabariah’s ruling, but Arutchelvan said it would be an exercise in futility if the homes got demolished before the appeal was heard.

“You can compensate for their houses, but how would you compensate for a way of life?” he said.

He urged Najib to come up with a political solution, pointing out that DBKL came under the federal government’s purview.

“The Penang state government intervened in the Kampung Buah Pala issue though it involved a private land,” he said. “It is easier in this case as the land belongs to the federal government.”