Perak Crisis: UMNO's Strangle-hold of the JUDICIARY Versus Pakatan Rakyat's LEGISLATURE with the Mandate of the RakyatRead here for more in malaysiakini
UMNO/BN-installed Menteri Besar, Zambry Abdul Kadir, filed an application directly to the Federal Court again to firmly declare him to be the rightful Perak menteri besar. He filed the application through the law firm of Zul Rafique and Partners.
In his affidavit to the Federal Court, Zambry claimed that the matter concerns interpretation of Article 16(2) and Article 16(6) of the Perak constitution involving the removal and appointment of a menteri besar.
He wants the Federal Court's intervention to interpret Article 16(2) and Article 16(6) of the Perak constitution :
(a) Whether Sultan Azlan Shah has the right NOT to accede to Mohd Nizar's request for the dissolution of the Perak assembly, when he (Mohd Nizar) ceased to command the confidence of the majority of the assembly;If the Federal Court says yes to the above, he wants the Federal Court to declar that he (Zambry) was a duly appointed the menteri besar on Feb 6, 2009. He is also seeking costs and other relief deemed necessary for the application.
(b) When the sultan declines to accede to Mohd Nizar's request, whether it constitute to his (Mohd Nizar) resignation and that of his state exco members; and
(c) Whether when Mohd Nizar refused to tender his resignation, his majesty had the right to appoint Zambry pursuant to Article 16(2) of the Perak constitution after the sultan is satisfied that he (Zambry) commands the confidence of the assembly.
Mohd Nizar's Earlier Application for Judicial Review
On Feb 13, Nizar filed an application challenging Zambry's appointment. He made several declarations pertaining to the interpretation of Article 16(6) of the Perak Constitution.
In his application, Mohd Nizar claimed to be the rightful Perak menteri besar on the grounds that :
- there was no dissolution of the state legislature,
- no motion of no-confidence was taken in the house against him and
- he did not resign from the post.
THE JUDGES IN THE FEDERAL COURT
- Tan Sri Dato' Seri Zaki bin Tun Azmi
Chief Justice Of The Federal Court, Malaysia
- Dato' Nik Hashim bin Nik Ab. Rahman
- Dato' Sri Augustine Paul a/l Sinnappen
- Dato' Abdul Aziz bin Mohamad
- Dato' Haji Hashim bin Dato' Haji Yusoff
- Dato' Zulkefli bin Ahmad Makinudin