Husam’s injunction bid over Wisma Tok Guru eviction thrown out

The High Court in Kota Bharu today rejected Salor assemblyperson Husam Musa’s injunction application against an eviction order to vacate Wisma Tok Guru, the Amanah headquarters in the Kelantan capital.

Wisma Tok Guru also serves as the site for Husam Musa's office, and sits on land belonging to his predecessor in the Salor state seat, the late Ahmad Rosli Ibrahim.

Judicial Commissioner Ahmad Bache ruled that Husam has no locus standi to issue an injunction, because he is not the legal owner of the land.

The new owner of the land was named as Mohd Yasin Yusoff, a Kelantan PAS secretary.

“The court made the decision by taking into account the most important fact, that is the defendant (Mohd Yasin Yusoff) is the legitimate owner of the land, according to the National Land Code 1965.

“Moreover, the application is also considered to be frivolous, because the plaintiff is only seeking compensation for Wisma Tok Guru, and not the right to own the building,” Ahmad said.

The judicial commissioner also noted that the court took into account a statement from Kelantan Amanah chairperson Wan Abd Rahim Wan Abdullah, who said that he had previously allowed PAS to use the land for prayer events.

Husam (photo) was ordered to pay RM7,000 in costs, despite the defendants asking for RM30,000.

The ruling means that PAS’ thanksgiving event on reclaiming the plot of land will proceed as scheduled.

PAS secretary-general Takiyuddin Hassan, who appeared as counsel for the defendant, said when met outside the court that the ruling also meant that the defendant can allow any party to use the land for any activity.

However, he added, this does not apply to the building itself, the ownership of which is still under dispute.

“The court also took into consideration that a police permit for tonight’s programme (the thanksgiving event) has already been obtained under the Peaceful Assembly Act 2012.

“The plaintiff also gave his assurance that there will be no disturbance or provocation (at the event),” Takiyuddin said.

Zaidan Ali, who appeared for Husam, said that the court decision would be appealed.

An internal crisis in PAS saw Husam fired from PAS in May 2016. He subsequently joined Amanah and was elected its vice-president last April.

However, seeing as Husam was his successor, Rosli had allowed him to use the land as his service centre.

The building was christened Wisma Tok Guru by Husam as a homage to the late Kelantan MB Nik Abdul Aziz Nik Mat.- Mkini

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