Malaysia

Sakyamuni Cave Monastery awaits court decision on eviction

We have lived here with permission, conducted religious activities unopposed since 90s, says monk

Updated 4 years ago · Published on 12 Nov 2021 9:00AM

Sakyamuni Cave Monastery awaits court decision on eviction
Among the permanent structures built include shrine halls, which contain statues of Buddha, meditation facilities, and speech halls. – Facebook pic, November 12, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – The Sakyamuni Cave Monastery is still awaiting a court decision that will determine if the iconic meditation temple located at Gunung Kanthan, Perak can remain where it is.

Speaking to The Vibes, Lee Jia Mian, a lawyer representing the monastery, said parties such as the monastery and other residents involved in the dispute have applied to be included as defendants to the eviction action initiated by Associated Pan Malaysia Cement (APMC).

She said the high court has consulted with parties to the case yesterday, to ascertain if there are solutions available to resolve the dispute.

However, Lee said whether there will be an out-of-court settlement will depend on the parties to the case itself.

“There’s no trial date yet, but the next case management is scheduled for November 24.”

Chiong Sai Tin, a monk who filed an affidavit in court, says he has practised meditation at the temple since 1998, and has lived in the caves since 2004. – Sakyamuni Cave Monastery pic, November 12, 2021
Chiong Sai Tin, a monk who filed an affidavit in court, says he has practised meditation at the temple since 1998, and has lived in the caves since 2004. – Sakyamuni Cave Monastery pic, November 12, 2021

Two months ago, the monastery faced difficulties performing its judicial obligations due to travel restrictions under the National Recovery Plan as they were unable to file the necessary court documents.

Fortunately, towards the end of July, the monastery’s representative Chiong Sai Tin filed an affidavit in court.

Chiong, who serves as a monk at the monastery, has practised meditation at the temple since 1998, and has lived in the caves since 2004.

He said the monks at the temple lived on the land with permission from APMC since the 90s and conducted their religious activities without any opposition.

“Following the plaintiff’s guarantee and permission, the monks built permanent structures from time to time to make their lives easier.

“Among the structures include shrine halls, which contain statues of Buddha, meditation facilities, and speech halls,” the affidavit read.

Chiong further contends that the plaintiff was aware of these structures and had even made visits without any objections.

Further, it was said in the affidavit that through various meetings with the plaintiffs, the monks were recognised as residents of the land.

Besides that, Chiong also submitted that the monks from the monastery also held various meetings and discussions with local authorities concerning the rock-blasting activities in the area.

“Based on this, I confidently submit that the plaintiff has the knowledge and approval that we are residents on the land and is estopped from opposing our rights to be included as defendants in this action,” the affidavit said.

The Sakyamuni Cave Monastery claims that the temple is over a century old and hosts a one-of-a-kind golden Buddha statue. – File pic, November 12, 2021
The Sakyamuni Cave Monastery claims that the temple is over a century old and hosts a one-of-a-kind golden Buddha statue. – File pic, November 12, 2021

On January 29, APMC filed an Order 89 action to evict residents on Lot No. 46497 at the Hulu Kinta subdistrict where the monastery is located.

The monastery claims that the temple is over a century old and hosts a one-of-a-kind golden Buddha statue only found at their temple.

Currently, the eviction case is scheduled for case management on November 24. – The Vibes, November 12, 2021

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