Updated: Nizar-Zambry case referred to Federal Court

(Suara Keadilan) The High Court has decided to refer the case brought by Pakatan Rakyat Menteri Besar Nizar Jamaluddin against Umno leader Zambry Kadir to the Federal Court, challenging the legitimacy of the latter’s appointment as Menteri Besar.

Justice Lau Bee Lan who made ruling said a hearing at the apex court could save time given the urgent nature of the case. However, the decision is likely to deal another blow to the Pakatan Rakyat, which is uncomfortable with spreading influence of arch rival Umno-BN in the judiciary.

Lau also asked counsel from both parties to formulate constitutional questions for referral to the Federal Court.

Nizar’s lead counsel Sulaiman Abdullah had earlier in the week objected to the matter being referred directly to the top court. He had wanted the High Court to hear their leave application for the suit.

“Leave should be obtained first and then we would decide whether to go to the Federal Court or not,” the senior counsel had said. “There is no issue of going to the Federal Court at this stage.”

Zambry’s counsel Kamaluddin Md Said, representing the Attorney General’s chambers, had however countered that the matter involved an interpretation of Article 16 (6) of the Perak constitution. As such, the proper forum would be the Federal Court, he said.

“The matter is referred to the Federal Court as it involves a constitutional interpretation of the Perak State Constitution,” Kamaluddin told reporters this morning. “For example, whether the Sultan’s powers can be questioned. If it can be questioned, can his power be challenged?”