The Court of Appeal will hear next Monday Datuk Seri Mohammad Nizar Jamaluddin’s application to set aside the stay of execution order granted to Datuk Seri Dr Zambry Abd Kadir.
Nizar, who filed his application through the law firm of Messrs Leong and Tan at 2:20pm here on Wednesday, is seeking a three-man bench to discharge the Court of Appeal’s order which was handed down on Tuesday.
The stay order was granted by Justice Ramly Ali, who sat alone. Zambry’s stay application was heard and granted within hours of it being filed on Tuesday.
In his notice of motion Wednesday, Nizar said alternatively, the court could vary the stay of execution order to include conditional terms as it deemed fit.
“I have been advised by my lawyers that a declaratory relief cannot be stayed. The High Court on Monday had declared that I am the rightful mentri besar at all material times.
“Therefore, the Court of Appeal, with all due respect, had wrongfully made the stay of execution order and I am applying to right the situation,” he said.
On Monday, the High Court declared Nizar as the valid Perak Mentri Besar, ruling that his office had not been vacated when Zambry was appointed.
Following an application by Zambry, the Court of Appeal ruled on Tuesday that he remained the Perak mentri besar until his appeal against the High Court ruling was disposed of.
No date has yet been set to hear Zambry’s appeal.
Nizar added that if the stay order remained in effect, it would again steal his rights and render the High Court’s decision ineffective.
“It would also substantively mean that Zambry would be carrying out the responsibilities, functions and duties as an unlawful mentri besar, and head an invalid government.
“It would also confuse the rakyat (people) and civil servants in Perak as to who is the rightful mentri besar and who are his state executive councillors,” Nizar said, adding that it would only cause the state’s political instability to worsen and deepen the constitutional crisis further.
( Source : The Star Online )
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