Rawang temple dispute: High Court rules in favour of landowner over demolition

The Shah Alam High Court today ruled in favour of Yayasan Kubra, owner of the land upon which the Utchimalai Hindu temple in Rawang Perdana had stood.

Judge Suriyati Hasimah Hashim allowed the foundation’s revision application, setting aside the previous decision by magistrate Chai Guan Hock, lawyer Rajesh Nagarajan told Malaysiakini.

Rajesh said his client, the temple committee, has instructed him to file an appeal immediately.

“I have also been instructed by my client to inform the respondents that the temple ought not be disturbed pending the disposal (of appeal) by the Court of Appeal,” he said.

Rajesh added that while the temple’s main structure has been demolished, there are some holy relics left at the site, with prayers still being conducted by several devotees.

The temple was demolished in the early hours of Feb 25, several hours after the committee relocated its deities following an agreement reached with Yayasan Kubra and the authorities.

The temple became a subject of controversy recently after self-styled land activist Tamim Dahri Abdul Rahman, who has been at the forefront of campaigning against unauthorised temples, demolished it two weeks ago.

According to the foundation, they had sought Tamim’s assistance to clear the illegal structure to make way for the construction of a housing project for poor people on the plot.

‘Victory to landowners’

Separately, one of Yayasan Kubra’s lawyers, Aidil Khalid, lauded the court’s decision.

“So, with this, the victory goes to the landowner.

“Encroachers and ‘haram’ (illegal) temples have no place in a civilised society,” he said on Facebook.

Aidil added that this is the second time that Chai’s decision has been overturned by the High Court, pointing to the time when the Shah Alam High Court set aside a two-day remand order against Tamim and three others issued by the magistrate.

The four men were arrested after demolishing the temple.

On Feb 27, the temple management filed a suit at the Selayang Magistrate’s Court over the demolition.

Rajesh, along with co-counsel Sachpreetraj Singh, had condemned the demolition of the temple, disputing claims that its management had voluntarily vacated the site.

The lawyers said that the claims were false and ridiculous, as the temple chairperson had lodged a police report a day before the demolition, complaining that the temple was being pressured to vacate the land without any court order.

The lawyers also claimed the “midnight operation” without a court order amounted to an unlawful eviction of a place of worship.

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