The High Court (Appellate and Special Powers division) today allowed a number of questions by the Attorney-General's Chambers to be referred to the Federal Court to determine the rightful Perak menteri besar.

nizar jamaluddin dr zambry abdul kadir perak The four questions were posed by senior federal counsel Kamaluddin Md Said representing the AG. Ousted menteri besar Mohd Nizar Jamaluddin's counsel did not pose any questions but objected to the questions posed.

The questions posed by the attorney-general were:

1) Whether the withholding of consent to a request for the dissolution of the state legislative assembly of Perak under Article 16(6) read together with Article 18(2)(b) of the Constitution of Perak by His Royal Highness the sultan of Perak is justiciable.

perak constitution article 18 xviii clause 2 2) If the answer above is to the affirmative, the next question is whether the withholding of consent by His Royal Highness the Sultan of Perak is lawful.

3) Whether the appointment of the new menteri besar of Perak under Article 16(2)(a) read together with article 18(2)(a) of the Constitution of Perak by the Sultan of Perak is justiciable.

4) If the answer to the above question is affirmative, the next question is whether the new menteri besar is validly appointed.

Nizar's lead counsel Sulaiman Abdullah said he objected to the formulated questions as they do not arise from the application for declaration and judicial review.

"The questions arising are irrelevant to our application for leave, as we had stipulated earlier," he said.

Objection by counsel noted

"Whatever questions to the Federal Court may not be definitive of the issue that had arisen. I asked for a stay pending appeal at the Court of Appeal."

However, Justice Lau Bee Lan did not approve the application for a stay.

She noted the objection made by Sulaiman and said her ruling is ready and what is only left are the notes of proceedings.

It is learnt Nizar's counsel are scheduled to file an appeal to the Court of Appeal at the High Court registry today.

On March 6, Lau had ruled that the matter be referred directly to the apex court and asked the senior federal counsel and counsel representing Nizar to formulate questions .

Lau ruled that she agreed there was a constitutional issue in question, especially on the interpretation of Article 16(6) of the Perak constitution.

She said she agreed with the senior federal counsel that the interpretation of section 84 of the Court of Judicature Act (CJA) does not only refer to the Federal Constitution but also the Perak State Constitution.

Justice Lau also agreed that according to Article 63 of the Perak Constitution, matters pertaining to the interpretation of articles could be referred to the Federal Court, and the court could allow a stay of the proceedings.

"Hence, for a speedy and economical decision, the court has decided to transfer the case directly to the Federal Court.

"The court also orders a stay of all proceedings and that the court will adjourn for a while for counsel to formulate questions to be referred to the apex court," said Justice Lau.