Independents vs Sivakumar: Federal Court has jurisdiction

(The Star) – The Federal Court on Wednesday ruled it has jurisdiction to entertain an application by the three independent assemblymen in Perak under Article 63 of Perak Constitution.

Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired a five-men panel, said, “We are unanimous that we have the jurisdiction under Article 63.”

Also on the panel were Chief Judge of Malaya Justice Arifin Zakaria, Federal Court Justices Nik Hashim Nik Ab Rahman and S. Augustine Paul, and Court of Appeal Justice James Foong.

On Monday, the apex court had been scheduled to hear the application on who had the final say in determining whether a seat was vacant when Sulaiman Abdullah, counsel for Perak Speaker V. Sivakumar, disputed the court’s jurisdiction.

Jelapang assemblyman Hee Yit Foong, Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu – who left Pakatan Rakyat to give their support to Barisan Nasional as independents – want to know whether it is the Speaker or the Election Commission who has the final say.

On March 16, Ipoh High Court Judicial Commissioner Ridwan Ibrahim had referred to the Federal Court for an interpretation under Section 84 of the Courts of Judicature Act but the case was sent back.

The Federal Court ruled then it could only hear referrals in relation to the Federal Constitution and not state constitutions.