With the time running out, ousted Perak menteri besar Mohammad Nizar Jamaluddin is expected to file his appeal and application for leave at the apex court on Friday, before the deadline on Sunday or Monday.

Nizar said he would be putting in his application despite that the appellate court had yet to provide a written judgment on its decison to overturn the High Court decision.

nizar vs zambry case hearing 210509 03 "My counsel had already sent three letters (to the Court of Appeal) but until today we have not received the written judgments.

"It has already been more than three weeks following the judgment and until today there is no written judgment.

"Hence, we are forced to file the appeal based on the (appellate court's) five-minute verbal judgment. How are we to argue intelligently without it (written judgment)?" he said.

It is learnt that Court of Appeal judge Justice Md Raus Sharif has already completed his written judgment while Justice Zainun Ali has yet to finish hers.

The two were among the three judges who unanimously overturned the High Court decision which declared Nizar as the rightful menteri besar.

The third member of the panel was Justice Ahmad Ma'arop.

Nizar, who is also the newly-sworn Bukit Gantang MP has 30 days to file an appeal from the Court of Appeal decision. The judgment was delivered on May 22, and that deadline either falls on Sunday or Monday.

Nizar, also commented on an article which appeared in blogger Raja Petra Kamaruddin's blog that alleged Court of Appeal president Alauddin Mohd Sheriff had been instructed to give a favourable judgment to Barisan Nasional's Zambry Abdul Kadir.

"I think this matter has to be investigated and if this is true, it is a travesty of justice and to the judicial system. It is a mockery and if this is true, then it is a tragedy for the people of Perak," said Nizar.

Nizar reiterated that if the judgment was in his favour, he would dissolve the assembly and give the power back to the people to decide.

"If I am declared the menteri besar, I will go the very next morning to the Perak sultan to handover the power back to the people to choose their leader."

"I will do it if the decision is favourable to me and this is to show that Pakatan Rakyat is one with the rakyat."

No last minute moves

Nizar's lawyer, Leong Cheok Keng when contacted, also confirmed that he will file the application either tomorrow or on Friday.

"Although the deadline could be Sunday or Monday, we do not want to take a chance of missing the boat. We will file as per our client's instructions despite not getting the (written) judgments," he said.

Leong also confirmed that the court had informed him that Zainun has yet to complete her judgment and this makes its task to prepare questions for the appeal much more difficult.

Normally, questions would be framed from the written judgments made before it is brought up to the Federal Court for its consideration. Lawyers, however, are allowed to amend the questions after the filing.

The judgments would not be granted until all three judges at the Court of Appeal have read and agreed to what have been written. It is only after this that it is released to the respective counsel.

Spontaneous parliamentary combustion

Commenting on his actions in Parliament which resulted in him being suspended for two days after taking oath on Monday, Nizar (left centre) said his actions were spontaneous.

nizar jamaluddin sworn in at parliament opposition mps disolve perak state adun headband incident 150609 07 "At that moment, deep in my heart as I held my right hand and as I was reading out the pledge to uphold laws enshrined in the constitution, I spontaneously shouted out 'Hidup Rakyat' and 'Bubar Dun'," Nizar said.

Describing it as a "golden moment", Nizar said he had to take the opportunity to demonstrate to the other BN parliamentarians his commitment to the people of Perak and to the constitution.

"If I was to do what I did in the state assembly in Perak, I would have been handcuffed," he quipped.