March 23, 2009 By : Jaspal Singh
IPOH: Datuk Seri Mohammad Nizar Jamaluddin will raise a preliminary objection at the Federal Court today to dissuade the judges from delving into the four constitutional questions referred to them by the High Court on March 10.
Speaking to reporters here yesterday, Nizar said the questions referred did not mirror facts, issues and questions of law which were to be tried arising from a judicial review he filed against Datuk Dr Zambry Abdul Kadir on Feb 13.
The ousted Perak menteri besar said even if the questions were answered by the Federal Court, it would not definitively decide on the dispute between him and Zambry.
The questions are:
- whether the withholding of consent to a request for the dissolution of the state legislative assembly of Perak under the Perak constitution by the Sultan of Perak is justifiable;
- if the answer to the question was in the affirmative, whether the withholding of consent by the Sultan of Perak was lawful;
- whether the appointment of the new menteri besar of Perak under the Perak constitution by the Sultan of Perak was justifiable; and,
- if the answer to this was in the affirmative, the next question was whether the new menteri besar was validly appointed.
These questions, formulated by Senior Federal Counsel Datuk Kamaludin Md Said, were objected to by Nizar's lead counsel Sulaiman Abdullah. Nizar said he would apply to the Federal Court to include questions from his side, too.
"The correct legal and constitutional question which the Federal Court should be concerned with is whether the office of the menteri besar may be and/or had been vacated.
"Since I am the aggrieved party here, I have every right to be heard fairly and justly," he said.
Nizar is seeking, among others, declarations that he is the menteri besar of Perak and that Zambry has no right to hold the same office, and an injunction to stop Zambry from carrying out duties of the menteri besar.