Ousted Perak Menteri Besar Mohammad Nizar Jamaluddin was today granted leave by the Federal Court to appeal against a Court of Appeal decision's on the legitimate Perak menteri besar issue.
Nizar's lawyer Leong Cheok Keng immediately declared the granting of the leave as a "victorious step for Nizar".
"Such a leave is sparingly granted by the Federal Court," he said.
With the leave, Nizar can now appeal against the decision made by the Court of Appeal on May 22 that Barisan Nasional's Zambry Abdul Kadir was the rightful menteri besar.
The Court of Appeal had overturned a decision made by the High Court which had ruled in favour of Nizar.
The Federal Court will now hear submissions to interpret three constitutional questions drafted by Nizar's legal team.
The questions concern whether the Perak ruler can dismiss the menteri besar and elect a new one when the incumbent has not resigned nor was there a vote of no confidence passed.
The Federal Court however rejected an application by Nizar for a stay of proceedings which would have stopped Zambry from carrying out his daily duties as the menteri besar.
No date has been fixed to hear the appeal but the court said it would fix an early date.
The panel of the Federal Court today was made up of justices Alauddin Mohd Sheriff, Arifin Zakaria and Zulkefli Ahmad Makinuddin.
Leong said that it was supposed to be a five-member panel but no explanation was given as to why only three judges turned up for the leave application.
"Will push for a nine-member panel for the appeal proper," Leong added.
Malaysiakini
09/07/09
Nizar's lawyer Leong Cheok Keng immediately declared the granting of the leave as a "victorious step for Nizar".
"Such a leave is sparingly granted by the Federal Court," he said.
With the leave, Nizar can now appeal against the decision made by the Court of Appeal on May 22 that Barisan Nasional's Zambry Abdul Kadir was the rightful menteri besar.
The Court of Appeal had overturned a decision made by the High Court which had ruled in favour of Nizar.
The Federal Court will now hear submissions to interpret three constitutional questions drafted by Nizar's legal team.
The questions concern whether the Perak ruler can dismiss the menteri besar and elect a new one when the incumbent has not resigned nor was there a vote of no confidence passed.
The Federal Court however rejected an application by Nizar for a stay of proceedings which would have stopped Zambry from carrying out his daily duties as the menteri besar.
No date has been fixed to hear the appeal but the court said it would fix an early date.
The panel of the Federal Court today was made up of justices Alauddin Mohd Sheriff, Arifin Zakaria and Zulkefli Ahmad Makinuddin.
Leong said that it was supposed to be a five-member panel but no explanation was given as to why only three judges turned up for the leave application.
"Will push for a nine-member panel for the appeal proper," Leong added.
Malaysiakini
09/07/09
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