PUTRAJAYA, Sept 24 – Petroliam National Bhd (Petronas) and the Sarawak state government are seeking to have their respective petitions challenging the federal and state laws governing oil and gas matters heard separately by the Federal Court.
The stance was conveyed to Federal Court Judge Datuk Rhodzariah Bujang during a summons for direction proceeding on Thursday.
Petronas’ lead counsel, Datuk Dr Cyrus Das, informed the court that the Sarawak state government had taken the position that the two petitions should not be consolidated. He added that the Sarawak government proposed that its petition be heard first, followed by the petition brought by Petronas.
However, Das argued that Petronas’ petition should be heard first in accordance with the chronological sequence in which the legal actions were filed.
Petronas filed its petition on Jan 10 this year and obtained leave under Article 4(4) of the Federal Constitution on March 16, whereas the Sarawak state government filed its petition on Feb 23.
Das noted that Petronas’ challenge specifically concerns Sarawak state laws, while the Sarawak government’s petition challenges federal statutes.
“Unless there are compelling reasons from the Sarawak side as to why they should be heard first, I would say we follow the sequence in which the papers were filed,” Das said.
In addition to requesting separate proceedings, the Sarawak government wants the Federal Court to decide on a preliminary issue regarding a colonial-era order—the Sarawak (Alteration of Boundaries) Order in Council 1954—which defines the borders of Sarawak and Sabah. Senior state counsel Mohd Adzrul Adzlan informed reporters that the state contends this preliminary matter does not fall under the jurisdiction of the Federal Court.
Justice Rhodzariah fixed Oct 1 for a further summons for direction proceeding to determine the sequence in which the petitions will be heard and to address matters regarding the Sarawak government’s preliminary objections. The substantive hearing for the petitions is tentatively scheduled for late January next year.
The Federal Court granted Petronas leave on March 16 to challenge the competency of the Sarawak State Legislature to enact certain state laws and to declare several state enactments invalid. Petronas contends that the Sarawak State Legislature lacked the legislative competence to enact, modify, amend, or revise laws relating to matters falling under List 1 (Federal List) of the Ninth Schedule of the Federal Constitution.
Conversely, the Sarawak government filed its petition against the Federal Government of Malaysia and Petronas to test the constitutional validity and continued applicability of several federal statutes to the state.
Among other reliefs, the Sarawak government is seeking a declaration that the Petroleum Development Act 1974, the Continental Shelf Act 1966, and the Petroleum Mining Act 1966 as applied to Sarawak are unconstitutional and void ab initio (void from the beginning).
During the proceedings, Petronas was represented by Das alongside lawyers Khoo Guan Huat, Datuk Azian Abd Aziz, Grace Teoh Wei Shan, Ahmad Faiz Razali, Khoo Yuan Ping, and Alex Ngu. The Sarawak government was represented by Mohd Adzrul, Sarawak counsel Richard Tie Sing Wan, and Felicity Sharmela Thomas. Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Federal Counsel Imtiyaz Wizni Aufa Othman appeared on behalf of the Federal Government.
–NMT
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