Federal Court rules that High Court must hear Perak constitutional crisis

(The Sun) – The Federal Court here yesterday ruled that issues involving the interpretation of Article 16 (6) of the Perak Constitution must be heard and decided at the High Court and can only be brought to the Federal Court by way of appeal.

The five-member bench presided by Court of Appeal President Tan Sri Alauddin Mohd Sheriff made the decision after allowing a preliminary objection by Datuk Seri Mohammad Nizar Jamaluddin's lead counsel, Sulaiman Abdullah, that the Federal Court was not seised of jurisdiction to hear the four questions to be referred to it for determination.

The court was to have heard today the four questions in Mohammad Nizar's suit challenging the legitimacy of Datuk Zambry Abdul Kadir's appointment as Perak Mentri Besar.

Both Mohammad Nizar and Zambry were present.

In the unanimous decision, Justice Alauddin said the High Court judge had no power to make the order for the four questions to be referred to the Federal Court under Section 84 of the Courts of Judicature Act (CJA) because that section was confined to the Federal Constitution and not the state constitution.

He then set aside all the orders made by the Court of Appeal on March 20 including that which ruled that the four questions must be heard and decided by the Federal Court and remitted the case to the High Court , before the same judge, Lau Bee Lan.

On March 10, Justice Lau pronounced four constitutional questions to be determined by the Federal Court.

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