Federal Court To Hear Nizar-Zambry Battle On March 20


The Federal Court will hear on March 20 Datuk Seri Mohammad Nizar Jamaluddin's suit challenging the legitimacy of Datuk Zambry Abdul Kadir's appointment as Perak menteri besar.

The date was fixed following the High Court's decision on March 6 to refer the case to the Federal Court on constitutional issues involving the interpretation of Article 16 (6) of the Perak Constiution.

The four questions to be referred to the High Court for determination are:

1. Whether the withholding of the consent to a request for the dissolution of the state legislative assembly of Perak under article 16(6), read together with article 18(2)(b) of the constitution of Perak, by his Royal Highness the Sultan of Perak is justiciable.

2. If the answer to the first question is in the affirmative, the next question is whether the withholding of consent by his Royal Highness the Sultan of Perak is lawful.

3. Whether the appointment of the new menteri besar of Perak under Article 16(2)(a), read together with article 18 (2)(a) of the constitution of Perak, by his Royal Highness the Sultan of Perak is justiciable.

4. If the answer to the above question is in the affirmative, the next question is whether the new menteri besar of Perak is validly appointed.

Meanwhile, one of Mohammad Nizar's counsel, Leong Cheok Keng, said he would be filing an appeal to the Court of Appeal against the referral order next week.

Mohammad Nizar, 52, who is also Perak PAS deputy commissioner, had filed for a judicial review seeking to declare that he is the righful menteri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the menteri besar. (Bernama)



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