A happy Nizar waves to supporters after the court allowed his appeal. — Picture by Jack OoiBy Debra Chong
PUTRAJAYA, July 9 — Pakatan Rakyat's (PR)-toppled Perak Mentri Besar Datuk Seri Nizar Jamaluddin can go ahead with his appeal to be reinstated to his post.
The Federal Court today granted Nizar leave to make his appeal against the Court of Appeal decision declaring his political rival, Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir, the mentri besar.
Leave was granted without objections from either Zambry and Attorney-General Tan Sri Abdul Gani Patail but no date has been fixed yet for the appeal proper to be heard.
The three parties got together this morning in court after some haggling and drafted three questions on Perak's state constitution they want the Federal Court to answer.
But to put an end to the long-drawn out dispute on who is the real mentri besar of Perak, the top court must, in short, decide who and how the MB can be sacked from his post.
Nizar, who was toppled from his post in February after three state lawmakers defected from his Pakatan Rakyat (PR) government, turned up unexpectedly in court today dressed in a smart grey suit.
The three-man panel of judges rejected Nizar's separate bid to for a court order to prevent Zambry from carrying out his duties as MB.
The recently-elected Batu Gantang MP had this morning applied to the top court to stop Zambry from making any more policy changes pending his appeal.
He claimed that since the Court of Appeal overturned the Kuala Lumpur High Court's decision two months ago, Zambry has been changing many of the PR state government's key policies, affecting the welfare of Perakians, especially the poor and marginalised.
Former Bar Council president Datuk Ambiga Sreenevasan, who took over as lead counsel for Nizar, today pressed the court that the stay order would effectively “prevent prejudice” later on.
“He can't go in and reverse contracts that have been entertained,” she pointed out, referring to several controversial changes that have supposedly been granted by Zambry's BN government, including giving away vast tracts of land to a tin-mining company.
She stressed that the BN decisions would be “impossible” to overturn should the Federal Court rules in Nizar's favour.
But Zambry's lead lawyer Datuk Cecil Abraham objected to the order.
“Whether it is right or wrong, it is a matter for the politicians to decide,” said Abraham, stressing that the move would essentially put Nizar back in power as the MB.
He argued that the Federal Court has no power to give a stay order because the judiciary would be “interfering” with the executive arm of government, which goes against the doctrine of separation of powers entrenched in the Federal Constitution.
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