(Updated 4:20pm, 1 April 2009)
KUALA LUMPUR, 1 April 2009: The High Court (Appeals and Special Powers) will hear tomorrow Datuk Seri Mohammad Nizar Jamaluddin’s application for leave to initiate proceedings to challenge the appointment of Datuk Zambry Abdul Kadir as Perak Menteri Besar.
Justice Datuk Abdul Aziz Abd Rahim said the first issue to be decided in the application for judicial review was whether leave should be given.
He then ordered Mohammad Nizar’s counsel, Sulaiman Abdullah, and senior federal counsel Datuk Kamaluddin Md Said, for the Attorney-General, to make their submissions at 2.30pm tomorrow.
The judicial review application was remitted to the High Court after the Federal Court on March 23 ruled that issues on the interpretation of Article 16 (6) of the Perak state constitution should be heard and decided by the High Court and could only be referred to the Federal Court by way of appeal.
The five-member panel ordered that the case be remitted to Justice Lau Bee Lan and set aside all orders made by the Court of Appeal on 20 March.
Abdul Aziz, who was transferred here from Sarawak today, is the third high court judge to hear the case, after Judicial Commissioner Mohamad Ariff Md Yusof who recused himself and Justi Lau who had order that the case be referred to the Federal Court.
Kamaluddin told the court today that the Attorney-General would object to Mohammad Nizar’s application for judicial review.
Sulaiman asked for a postponement because the notice on the objection had not been served and he needed time to study the Attorney-General’s grounds of objection.
The judge said: “I propose to hear the case by next week. If we hear the submissions for the leave application tomorrow I can give a decision on Friday. If leave is given, the hearing can proceed next week.”
Saying that he believed that both counsel had the experience to prepare their submissions in a day, he ordered Kamaluddin to hand over his written submission to the court and a copy to the applicant today.
Mohammad Nizar, 52, who is also the Perak PAS deputy commissioner, is seeking a judicial review to declare himself the rightful Perak menteri besar and an injunction to restrain Zambry from carrying out the duties of the menteri besar.
He also wants a definition of Article 16 (6) of the Perak state constitution on the conditions for the post of menteri besar to fall vacant and for Zambry to show proof that he is the rightful menteri besar.— Bernama
