(Bernama) -- Can Datuk Seri Mohammad Nizar Jamaluddin win back his post as the Perak Menteri Besar?
The question has yet to be answered as the Federal Court today reserved its judgment on the issue to a date to be fixed.
A panel of five judges deferred the decision after hearing lengthy submissions, which took more than six hours, from three parties involved in the Perak constitutional issue.
The judges who sat on the panel were Court of Appeal President Tan Sri Alauddin Mohd Sheriff, Chief Justice of Malaya Tan Sri Ariffin Zakaria and Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Wira Ghazali Mohd Yusof and Datuk Abdull Hamid Embong.
Today was the final bid for Mohammad Nizar to get the court's declaration that he is at all material times the rightful Menteri Besar of Perak.
The Perak political crisis began when two PKR assemblymen, Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering) resigned from PKR on Jan 30 and declared themselves as Barisan Nasional-friendly independents. DAP assemblyman Hee Yit Foong (Jelapang) followed in their footsteps four days later.
Following this, Mohammad Nizar had an audience with Sultan Azlan Shah on Feb 4 to request a dissolution of the state legislative assembly, but the request was denied.
On Feb 6, Datuk Seri Dr Zambry Abdul Kadir was appointed as the new Perak menteri besar and following that, Mohammad Nizar filed an application to the court to get a declaration that he was the lawful menteri besar of Perak and also an injunction to prevent Zambry from carrying out the menteri besar's duties.
On May 11, the Kuala Lumpur High Court declared Mohammad Nizar as the legitimate Perak menteri besar and ruled that the Sultan of Perak Sultan Azlan Shah could not dismiss Mohammad Nizar from his office because the latter (menteri besar) did not hold office at the pleasure of the Ruler.
The Court of Appeal, in its ruling overturning the High Court's decision, held that Sultan Azlan Shah was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak Constitution, after being satisfied that Zambry had the command of the majority of the Perak state legislative assembly.
Dissatisfied with the ruling, Mohammad Nizar, who was present during the proceedings today, appealed against the decision.
Leading counsel Sulaiman Abdullah, for Mohammad Nizar, in his submission today contended that the decision of the Appeal Court was erroneous as it did not apply the correct approach to the relevant provisions of the Perak Constitution.
He said that Mohammad Nizar cannot be dismissed by the Sultan and the only way to do so was by a vote of no confidence by the members of the state legislative assembly.
"The Perak Constitution does not confer the discretion to appoint two persons to hold office of Menteri Besar," he said.
Attorney-General Abdul Gani Patail in his reply said that the Sultan had carefully considered the facts and circumstances before declaring on Feb 5, that Barisan Nasional (BN) had the majority in the state assembly.
"The Sultan of Perak had clearly performed his function in the most honourable way," he said.
Counsel Datuk Cecil Abraham submitted that there was no express requirement in the Perak Constitution that a loss of majority support for the menteri besar could only be determined by a vote of no confidence.
"It can also be determined, in this case, by the Sultan meeting each of the 31 assemblymen to ascertain who had the majority in the House," he said.
Earlier in the proceedings, the court had rejected Mohammad Nizar's application for 11 judges to hear the appeal.
When met by the reporters afterwards, Mohammad Nizar said that he was dissappointed with the decision as the case had serious implications on public interest.
written by savemalaysia, November 06, 2009 10:09:26
written by asguard, November 06, 2009 10:10:34
written by sydput, November 06, 2009 10:19:03
written by lakian, November 06, 2009 10:20:29
written by Badaksumbu, November 06, 2009 10:25:12
written by fireduck, November 06, 2009 10:42:58
The only thing that will probably be going on is to receive instructions on how to make it look like they are giving an inch to the rakyat of Perak, while snatching a whole yard behind their back. I don't expect any net positives out of this exercise. So prove me wrong!
written by Remo, November 06, 2009 11:15:59
IN MALAYSIA JUDGES ARE CORRUPTED PUPPETS WHO JUST FOLLOW INSTRUCTIONS FROM THEIR MASTER UMNO.
THEY SOLD THEIR PRIDE AND FAME TO UMNO.
THEY ARE NOT RESPECTED BY THE PUBLIC AT ALL.
HOW CAN YOU EXPECT A FAIR JUDGEMENT FROM THEM.
IN THEIR MIND - MONEY MONEY MONEY MONEY MONEY !!!!!!!!!!!!!!!!!!!!!!!
written by Kacang Tanah, November 06, 2009 11:27:00
Do you think these judges believe in the existing of God? You are damn wrong if you think that they are. The only believe in MONEY GOD.
written by Ghifarix, November 06, 2009 11:33:52
If you don't have balls to deliver blog it; leak it; but don't alter it at UMNO's or the PALACE discretion.
written by wongnoball, November 06, 2009 11:43:41
>>$50 million is set for life stuff....no matter we Rakyat will remember each judgement and come the time even those judges that PERVERTED THE CAUSE OF JUSTICE will be sent to Prison.......DOn't ever think Sultan are immune to RAKYAT Judgement too.......Nepal - kan Malaysia!!......one day. When the hunger and anger grows...Destiny cannot be challenged!!
>> Case Dismiss...The Illusion and Delusion Democracy carries on in Malaysia!!
written by Siapabohong, November 06, 2009 12:17:33
I think you are right by going to court to seek justice even most of us expect you would not get a fair judgement.
This is to show that you and your colleques adhere to the rule of laws but not the other side if the judgement is obviously one sided.
It will also expose how the present power that be is abusing the power to satisfy their desire.
At the end of the day people will come to realise and feel uneasy and unsatisfy and ultimately revolt through the ballot will come to boot them out in order for change.
A good part of the outcome from what you have done is you make people too see, to learn, to analyse and to come to a decision of how those who hold power is doing with the power giving to them. Thus this will improve the maturity of the people regarding aspect of power to rule and their rights as those are ruled.
written by KingSolomon, November 06, 2009 12:18:59
written by Remo, November 06, 2009 12:19:17
DON'T TALK COCK.
WHY SO DIFFICULT WHEN ZAMBRY, WITHIN HOURS THE COURT RULES AGAINST NIZAR
LOW CLASS JUDICIARY SYSTEM.
written by ONGJJJ, November 06, 2009 12:19:22
As the proverbial saying goes, "The best explanation is no explanation" and "Lie begets another lie", would truly apply for this deferment in pronouncing the judgement. The interpetation of Art 16 is so crystal clear even to a layman, the answer (judgement) is so clear, i.e. Nizar is the MB and HRH was ultra vires, and the intent & purpose is just to return the mandate to the Rakyat. Now that the law lords have to defer till a later date is clearly inequitable, i.e. justice delayed is justice denied. Why delay unless one is looking to twist the plain meaning the Article, like judgments of the 3 Appeal Judges. To perpetuate the judgement of the Appeal Court, the Federal Court will have to be more fanciful & creative in corrupting the plain English of Article 16. Sadly, this is the order of the day. That's the problem when judges are not well taught in English, whilst the law is all language.
Short of divine intervention, the verdict is already known. Nizar & most Perakians, our prayers are for justice and conscience to prevail in present darkest hour of Perak's history. Remember this day of infamy......
written by sara, November 06, 2009 12:45:41
There is no point, keeping your hope high bcoz,the judgement in this case had been decided back in February.What these 5 judges are doing is rubber stamp the decision made by some VVVVVIP and some R parasites.I am really sure 99% that Nizar will lose.It doesn't matter 11 or 5, but judgements will be the same.The only problems is when there are only five, the AMOUNT received will be higher.There are 2 positive points from this case:
1.We now stand to witness, if the 5 judges being muslims,live up to their faith."every muslims, pray,there is no god, other than Allah": this case will enlighten us if the 5 muslims judges really muslim.Or for them MONEY IS GOD.So, just wait and see.
2.PR supports and justice seeking human being must not waste their time by holding prayers and such things.They MUST really come out with a good plan to return democracy in Perak.EVERYTHING IS FAIR IN LOVE AND WAR.since we are in WAR with BN,THINK,THINK,THINK:
WE want election in 59 seats or ONLY in 3 seats? 59 seats is almost impossible, so how can we have by election in that 3 SEATS?????? By Hook or BY crook???
written by JUST, November 06, 2009 13:05:51
So, dream on another 52 years ............
written by Yacob, November 06, 2009 15:29:18
written by Vayu, November 06, 2009 16:20:36
written by lamakawan, November 06, 2009 18:00:20
This is their trade mark, and is what they called themselves MALAYISA BOLEH!!!!!
written by vision2012, November 06, 2009 18:37:33
written by ceong2000, November 06, 2009 20:56:47
