Monday, March 23, 2009

Nizar: Original suit never questioned sultan's powers

Ousted Perak Menteri Besar Mohd Nizar Jamaluddin reiterated today that his suit did not challenge the prerogative of the Perak sultan in the appointment of a new menteri besar Zambry Abd Kadir.

MCPX

sultan azlan zambry abdul kadir nizar jamaluddin perak state govt crisis 030309Instead, Mohd Nizar claims that it was the attorney-general’s chambers that has caused the sultan’s powers to be questioned by the courts.

In a press statement today, Mohd Nizar said that the suit filed at the Kuala Lumpur High Court on Feb 13 was against Zambry for unlawfully usurping the office of the Perak menteri besar.

Now that the matter has now been referred to the Federal Court, Mohd Nizar is expressing concern over the four questions to be decided upon. These questions are:

(1) Whether the withholding of 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 above is to 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 the Sultan of Perak is justiciable.

(4) If the answer to the above question is affirmative, the next question is whether the new menteri besar is validly appointed.
AG questioning sultan’s powers?

These questions were framed by the senior federal counsel Kamaluddin Md Said who represented the AG and adopted in toto by the Kuala Lumpur High Court to be referred to the Federal Court.

Mohd Nizar’s lawyers have protested against the four questions at the High Court to no avail and the matter would be heard by the Federal Court tomorrow.

The lawyers grounds were that the four questions were irrelevant to the suit brought by Mohd Nizar.

“It is extremely interesting to note that the suit does not seek to impugn the sultan or question the sultan’s wisdom or discretion.

“(However) the A-G and the court have framed questions which relate to the actions of the sultan. The sultan has unfortunately been brought into the fray by the AG and the courts.

“This situation is most disheartening to me,” said Mohd Nizar in a 11-page press statement.


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