|Original Source: http://www.malaysiakini.com/news/100810 |
The Federal Court today set aside the Court of Appeal's decision on Friday and returned the constitutional questions to determine the legitimacy of the Perak menteri besar back to the Kuala Lumpur High Court.
Meanwhile, the apex court also decided to return the case of the three independent assemblypersons suit against Perak legislative assembly speaker V Sivakumar, to the Perak High Court.
The Federal Court, which is the highest court in the land, made the decision before a five-member panel headed by Court of Appeal president, Justice Alauddin Mohd Sheriff, where it decided the two cases must be heard at the High Court before coming to the Federal Court by way of appeal.
Other judges were Chief Judge of Malaya Justice Arifin Zakaria, Justice S. Augustine Paul, Justice Zulkefli Ahmad Makinudin and Court of Appeal judge James Foong.
In their decision, the apex court judges ruled that Kuala Lumpur High Court judge Justice Lau Bee Lan and Ipoh Judicial Commissioner Ridwan Ibrahim had no power to refer the state constitutional question under Section 84 of the Courts of Judicature Act (CJA) to the Federal Court.
Alauddin then set aside all the orders made by the Court of Appeal last Friday that included the four questions provided by the attorney-general’s chambers must be heard and decided by the Federal Court and remitted the case to the High Court, before the same judge, Lau Bee Lan.
Attorney-general also present
This was because the word constitution under the Act was limited to the Federal Constitution and does not cover the Perak state constitution.
Also present was attorney-general Abdul Gani Patail, who was there to advise on constitutional matters if needed.
High Court judge Lau had ruled on March 6 that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak constitution and referred four constitutional questions to the Federal Court for determination.