The Federal Court has sent a lawsuit filed by Pakatan Rakyat Menteri Besar Nizar Jamaluddin challenging the legitimacy of his rival thief, Zambry Kadir’s appointment back to the Kuala Lumpur High Court for hearing.
Chaired by Court of Appeal president Alauddin Sherif, the five-member bench ruled that Justice Lau Bee Lan had no power to refer state constitutional questions under Section 84 of the Courts Of Judicature Act, as the word constitution therein is limited to the Federal Constitution.
Nizar’s lead counsel Sulaiman Abdullah had this morning raised the preliminary objection. The High Court is now expected to hear the case either this week or next week.
On Mar 6, Lau ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution. She decided to transfer the case to the apex court and referred four questions for its interpretation and determination. Her decision was strenuously objected to by Nizar, who claimed that the questions asked had no relevancy to his case and may jeopardize his chances.
Over the weekend, he issued a 11-page press statement detailing clause-by-clause the reasons why Lau’s decision to refer the case and the questions she raised were flawed. Nizar had also filed an appeal, but the appeals court upheld the High Court decision last week.
The 52-year old Pakatan leader applied for a judicial review on Feb 13, seeking a declaration that he is the rightful Menteri Besar of Perak. He had also filed an injunction to bar the thief, Zambry from discharging his duties as an illegal chief minister.
Chaired by Court of Appeal president Alauddin Sherif, the five-member bench ruled that Justice Lau Bee Lan had no power to refer state constitutional questions under Section 84 of the Courts Of Judicature Act, as the word constitution therein is limited to the Federal Constitution.
Nizar’s lead counsel Sulaiman Abdullah had this morning raised the preliminary objection. The High Court is now expected to hear the case either this week or next week.
On Mar 6, Lau ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution. She decided to transfer the case to the apex court and referred four questions for its interpretation and determination. Her decision was strenuously objected to by Nizar, who claimed that the questions asked had no relevancy to his case and may jeopardize his chances.
Over the weekend, he issued a 11-page press statement detailing clause-by-clause the reasons why Lau’s decision to refer the case and the questions she raised were flawed. Nizar had also filed an appeal, but the appeals court upheld the High Court decision last week.
The 52-year old Pakatan leader applied for a judicial review on Feb 13, seeking a declaration that he is the rightful Menteri Besar of Perak. He had also filed an injunction to bar the thief, Zambry from discharging his duties as an illegal chief minister.
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