Daulat Tuanku

Five man Federal Court bench headed by Court of Appeal President Tan Sri Alauddin Mohd. Sheriff this morning unanimously decided that HRH Paduka Seri Sultan Perak acted in accordance with the Perak Constitution upon the dismissal of DAP-puppet-MB Nizar “Brother Yong” Jamaluddin and the vote of no confidence outside the augur State Assembly Hall is deemed rightful. Hence, the Federal Court uphold the decision of Court of Appeal.

NST has the story:

Zambry is rightful Perak MB

2010/02/09

 

PUTRAJAYA: Datuk Seri Dr Zambry Abdul Kadir is the rightful Perak Menteri Besar as his appointment by the Sultan is constitutional, rules the Federal Court today. It was a unanimous decision by the five-member bench.

As soon as the decision was announced, his supporters emerged from the court waving to the crowd as Datuk Seri Mohammad Nizar Jamaluddin’s group chanted “Tipu! Tipu” (Lies! Lies!).

Naran Singh, legal advisor for Perak Barisan Nasional described the federal court ruling as a ‘good decision’, pointing out that it is the first time this matter has been taken to the federal court.

Earlier, supporters from both sides gathered outside the Palace of Justice to show their support with occasional face-off with police personnel.

**********

HRH Paduka Seri Sultan Azlan Shah came to the decision after meeting up with the ADUNs Osman Jailu,Radzi Jamaluddin and  Hee Yit Foong (who was then the Perak State Asembly Deputy Speaker)  who decided to abandon their respective Pakatan Rakyat parties and became independent representatives. They also willing to throw their support to Barisan Nasional, where then Deputy Prime Minister Dato’ Seri Mohd. Najib Tun Razak nominated ADUN Pangkor Dato’ Dr. Zambry Abd. Kadir as the leader when the offer to set up the 10th Perak State Government was extended by HRH Paduka Seri Sultan.

Convinced that DAP-puppet MB Nizar “Brother Yong” Jamaluddin no longer has the majority control of the Perak State Assembly despite an audience sought specifically to dissolve the state assembly in favour of a snap election, he was summarily dismissed in a humiliating fashion and HRH Paduka Seri Sultan offered and invited BN instead to take control of the 10th Perak State Government. Federal Court also interpreted that when DAP-puppet MB Nizar “Brother Yong” Jamaluddin sought an audience t HRH Paduka Seri Sultan to ask t dissolution of the State Assembly, Pakatan Rakyat already lost  the command of the majority. Dr Zambry was appointed in a ceremony marred by a lot of anti-Palace sentiments, which include the attempt to block HRH Raja Muda Perak Raja Dr. Nazrin Shah Sultan Azlan’s entourage into the Iskandariah Palace in Kuala Kangsar.

More dramas preceded thenafter. The drama of the authority of calling for the Perak State Assembly to convene, illegal ‘State Assembly under the rain tree’ and the near scuffle in ‘Pimates the Perak State Assembly’ in front of HRH Regent of Perak was the epitome of these Kurang Ajar theatrics.

This Federal Court decision is deemed a landmark case for the history of Malaysian constitution. The authority of a Ruler in accordance to the State Constitution (Article 16 clause 7)  prevails the Federal Constitution.

*Updated 1700hrs

Ipoh Timur MP DAP-Emperor Lim Kit Siang describing the 5-0 unanimous decision by the Federal Court as “surprising”, made this uncouth remark to “It’s shameful for the Judiciary”.

That’s how KURANG AJAR, the Chinese Chauvinist DAP!

Lim should be cited for ‘contempt of court’ making such a despair remark on the Federal Court ruling. Not only he cannot respect the highest court decision, he even discredit the decision.

This proven the point that the power crazy DAP is only interested in assuming power, without respecting the law, Judiciary and the rights of others. Imagine how they will behave when they have power. Even as a minority, they are this KURANG AJAR towards the Judiciary, just because the decision is unanimous against their wishes.

DAP-puppet MB Nizar “Brother Yong” Jamaluddin cided the Federal Court decision “Will only make the monarchy have absolute power”.  This should not be regarded anything less than seditious, suggesting that HRHs does not respect the Constitution and will abuse their power, despite Malaysian democracy is about ‘Constitutional Monarchy’.

Malaysian Insider has the story:

Verdict will lead to absolute monarchy, says Nizar

By Syed Jaymal Zahiid and Debra Chong

PUTRAJAYA, Feb 9 — Toppled Perak Mentri Besar Datuk Seri Nizar Jamaluddin said today’s Federal Court ruling that upheld Barisan Nasional (BN) as the rightful state government will lead to an “absolute monarchy.”

“If this decision goes on and becomes the law of the day, it will lead to an absolute monarchy,” Nizar said after the apex court declared Datuk Seri Zambry Abd Kadir the rightful mentri besar.

“That means the Ruler can now dismiss the prime minister or the mentri besar at any time,” said the grim-faced PAS leader.

While Nizar accepted the court decision, he claimed the ruling had “neglected constitutional precedents” and ignored the wishes of the voters.

He slammed the BN government as an “illegitimate” one which had been supported by today’s decision. “It’s not right. It’s wrong. Everybody has a place — the judiciary, executive, sultan. Everybody has a place,” he stressed. 

Datuk Seri Nizar Jamaluddin (left) accepted the court decision but refuses to go away quietly. Sitting next to him is Perak DAP chief, Datuk Ngeh Koo Ham. – Picture by Jack Ooi

 

But Attorney-General Tan Sri Abdul Gani Patail described the ruling as a “very clear judgment with very, very sound reasonings.”

“There’s no doubt about it. What it has done was to reaffirm the court decision that Datuk Zambry is the rightful mentri besar,” Abdul Gani said, referring to the Federal Court decision read by Chief Judge of Malaya Tan Sri Arifin Zakaria upholding the earlier Court of Appeal decision.

The Court of Appeal ruled last May 22 that Nizar had lost the confidence of the majority of the Perak assemblymen and must resign after failing to get the Perak Sultan to dissolve the state assembly and pave the way for fresh elections when three PR lawmakers turned independent in early February 2009.

Abdul Gani appeared incensed when a reporter asked him if today’s decision would lead to an “absolute monarchy in Perak” as suggested by Nizar.

“No! How can you make such a statement?” he retorted.

“Have you read your constitution? Carefully?” he pressed the reporter asking the question, who replied he had.

Abdul Gani was unsatisfied with the reply however, and called the man “a disgrace” for asking that question.

The Pakatan supporters gather around Nizar as he explains the situation after leaving the courtroom. – Picture by Jack Ooi

 

“What we are known as is a constitutional monarchy system,” he added.

Lawyer Datuk Cecil Abraham, who acted for Zambry, later told reporters in court: “This decision is binding on the state government and the federal government.”

Zambry himself was absent in court and apparently attending a mentris besar and chief ministers’ meeting chaired by Prime Minister Datuk Seri Najib Razak.

Meanwhile, other PR leaders shared Nizar’s disappointment over today’s ruling.

DAP veteran and Ipoh Timur MP Lim Kit Siang blasted the verdict as the “legalisation of BN’s coup d’etat” and said today is a “sad day for parliamentary democracy.”

Gopeng PKR MP and party vice-president Dr Lee Boon Chye, on the other hand, remained optimistic, saying that the verdict is “a temporary setback” for PR and said they “may lose Perak today but will win it back in the next general election.”

Nizar concurred, saying PR’s focus for now would be winning the silver state back in the next general election which is slated to take place within three years.

The ousted MB also said that their lawyers will look at the prospect of further action once the written judgment is obtained.

**********

This is clear blatant contempt of court. The two should be cited and tried, in court even though they will never agree with the outcome whenever the result is not in their favour.

That is ‘fairness’, Pakatan Rakyat Primates style!