The Federal Court on June 16 ruled in favor of seven Orang Asli villagers, ordering RM20,000 in general damages to each for the destruction of their ancestral graves in Pahang [1, 2, 3]. The court overturned the Court of Appeal’s October 2024 ruling that had favored Agrobest (M) Sdn Bhd and two employees involved in the site clearance [1, 2, 3].

Agrobest (M) Sdn Bhd is a wholly owned subsidiary of ABSF International Group (M) Sdn Bhd. It had a 30-year lease agreement with the Pahang State Secretariat Corporation to operate prawn farming on the contested land [1, 2, 3]. The Orang Asli villagers had been instructed by the Orang Asli Development Department to vacate and relocate to allow for the prawn farming project but did not receive any compensation [1, 2, 3].

Despite relocating, the villagers repeatedly returned each year to perform customary rituals at their ancestors’ graves, which were later destroyed during farming operations [1, 2, 3]. The villagers initiated a lawsuit in 2019 alleging trespass and destruction of graves at Kampung Orang Asli Batu 20 in Mukim Bebar, Pekan district, Pahang [1, 2, 3].

On July 11, 2023, the Kuantan High Court ruled the villagers had proven their claim and awarded RM20,000 damages each. The court found the destruction infringed on the villagers’ native proprietary rights, affirming that Orang Asli communities retain rights to ancestral lands unless legally extinguished through compensation under the Land Acquisition Act 1960 [1, 2, 3]. Justice Lee Swee Seng explained, “The High Court was perfectly positioned to assess the evidence and determine that the villagers had successfully established their connection to the grave sites and tombstones” [1].

Justice Lee added, “The destruction and desecration of the ancestral graves constituted an infringement of the villagers’ native proprietary rights, making them entitled to compensation as correctly determined by the High Court” [3]. He noted that Orang Asli communities maintain the right to use and enjoy ancestral lands unless such rights have been lawfully extinguished with compensation under the Land Acquisition Act [2].

The Federal Court’s unanimous ruling reinstated the High Court’s judgment, rejecting the Court of Appeal’s decision that had favored Agrobest [1, 2, 3]. The court’s decision affirms the RM20,000 damage award for each of the seven villagers affected.

The case marks a significant legal affirmation of the Orang Asli’s native land rights in Pahang. No further appeals are pending as of today.