Perak Crisis: The Reasons behind Federal Court's Decision

Below was quoted from The Star Online today, however it is not sufficient as my reference to analyze what was really transpired in the submissions and the judgment by the court.

Court: Sivakumar has no power to suspend Zambry, excos (Update 3)
By M. MAGESWARI and CHAN LI LEEN

PUTRAJAYA: The Federal Court ruled Thursday that Perak Assembly Speaker V. Sivakumar did not have the power to suspend Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members from the assembly.

The Court then lifted the suspension on Dr Zambry and his six executive council members and said the seven could attend the next assembly sitting.

Court of Appeal president Justice Alauddin Mohd Sheriff who chaired a five-man panel Thursday said that it was a unanimous decision that the Speaker’s decision to suspend the seven applicants was ultra vires (outside the law) and invalid.

The other judges were Chief Judge of Malaya Justice Arifin Zakaria and Federal Court judges Justices Nik Hashim Nik Ab. Rahman, S. Augustine Paul and Zulkefli Ahmad Makinudin.

Justice Alauddin said the Bench would need to answer only two out of the six questions of law referred to the apex court for interpretation of Perak State Constitution and related law.

He said the answer was in the affirmative.

The two questions are whether, based on an interpretation of Article 44 of the Perak Constitution and all relevant laws, the Speaker’s decision to suspend the seven from attending the assembly was ultra vires and therefore, null and void.

Justice Alauddin said it is unnecessary to answer the remaining four questions.

The four questions covered, among others, whether charges against the seven was capable of constituting contempt against the assembly and whether the Speaker could call for an assembly of the House without a proclamation from the Ruler.

Justice Alauddin added that the Federal was exercising its power under Article 63 of the Perak Constitution to dispose the notice of motion at (Ipoh) High Court which is the originating summons.

The Bench did not order costs for any parties.

On Feb 18, Sivakumar, who headed the Committee of Special Privileges, suspended the seven and barred them from attending the assembly sittings for allegedly showing contempt for the House.

Dr Zambry was suspended for 18 months while his six excos were suspended for 12 months each.

Dr Zambry and the six had filed an originating summons at Ipoh High Court on March 2 seeking a declaration that the suspension order was illegal.

Outside the courtroom, lead counsel for the seven, Firoz Hussein Ahmad Jamaluddin said they were delighted with the ruling.

“The apex court has given us the declaration as per in the originating summons. As far as we are concerned, this means that all cases in Perak have been finally disposed off,” he said.

Firoz said the ruling also meant that it was up to the Sultan of Perak to summon the sitting of the assembly.

“It is a landmark case, as never in Malaysian history has there been a direct case as to the relation to the court and the legislature.

“The rule of law is essential. It is important to preserve both the state and Federal Constitution,” said Firoz.

Co-counsel for the seven, Datuk Mohd Hafarizam Harun said: “We want constitutional order to be restored in Perak. Finally, by May 9 or 10, depending on the Sultan’s consent, to have the House sitting,” he said.

Lead counsel for Sivakumar, Sulaiman Abdullah said he had yet to receive instructions from his client whether to file for a review of the court ruling.

“We want to look into next course of action. However, until (former Perak MB) Datuk Seri Mohammad Nizar Jamaluddin’s judicial review application (to challenge the validity of the apppointment of his successor) is not settled at the Kuala Lumpur High Court, this case is still on,” he said, adding that the defence team wanted to study the grounds of judgment when it was available.

Asked what would happen when an assembly was called, Sulaiman said, “It is up to the Speaker. It is another exciting thing to look forward to!”

Meanwhile, in Ipoh, Dr Zambry said that the notice calling for state assembly would be issued Friday or next week.

p/s: All these infos must be conveyed to the people immediately to ensure them not to be influenced by the opposition that the court is controlled by the government. Let people understand the reasons why the Federal Court had arrived to the decision.