DS Ir Nizar dalam permohonan untuk kebenaran merayu yang difailkan di pejabat pendaftar Mahkamah Persekutuan, di sini, memohon perintah mahkamah supaya keputusan Mahkamah Rayuan pada 22 Mei itu digantung sekiranya, kebenaran untuk merayu dibenarkan.
Notis usul permohonan untuk kebenaran merayu ke Mahkamah Persekutuan itu difailkan kira-kira pukul 3.30 petang tadi melalui Tetuan Leong & Tan.
Mahkamah kemudiannya menetapkan 9 dan 10 Julai ini untuk mendengar permohonan itu.
DS Ir Nizar melalui peguamnya juga telah membuat 1 lagi permohonan kepada Ketua Hakim Negara supaya kes ini didengar dihadapan 11 orang hakim dengan tujuan untuk mendapatkan keadilan didalam kes dan juga proses penghakiman kes ini.
*Edaran kepada wartawan dalam sidang media di Mahkamah Persekutuan.
FULL BENCH OF 11 JUDGES SHOULD HEAR APPLICATION INVOLVING CONSTITUTIONAL ISSUE AND REASONS SHOULD BE GIVEN
1. I urge the Chief Justice to empanel a full bench of 11 judges to hear the application for leave in order not to disappoint the Malaysian public who have placed their hopes on the federal Court to deliver a fair and just ruling.
2. Two very important constitutional questions have arisen;
- Can the office of democratically elected Menteri Besar be 'deemed vacant'?
- Can HRH appoint another Menteri Besar when the present Menteri Besar has not resigned or lost any vote of confidence on the floor of the assembly?
4. The Malaysian public is hoping that the deep and matured wisdom of the Federal Court will prevail over the dispute between Zambry and me. This case is much more than political battle. The decision by the Federal Court will help govern and guide the nation in the years ahead. It does not only involve Perak. The whole country is on trial.
5. We ask the judges of the Federal Court to administer justice and justise alone. They must be immune to any other considerations, be they political, ethnic and economic.
6. Malaysians everywhere are eager for an impartial judgment of the law and i ask for no more and i believe i am entitled to expect no less. A full bench of 11 will dispel any suspicion of bias or judge picking. It will also ensure greater impartiality and independence of the Court. There will also be a greater interplay of the best judicial minds of the country.
7. Over centuries, legal thinkers have striven hard and conscientiously to build a strong foundation to enable the judiciary to perform its functions. this beautiful building in Putrajaya and all the good people, officers of the law etc who work here testimony to the universal longing of mankind to attain justice and the pursuit of wisdom.
8. As a parliamentarian, i need not remind the judiciary that we are both makers of the law (law = parliament + judiciary). It is of the greatest importance that the judiciary provides leadership by always having convincing reasons for its judgements. In this way, the judiciary's voice will be listened to with gratitude and respect.
9. It is highly regrettable and appaling that we have to file this application without the grounds from the Court of appeal. This does not at all reflect well in a judicial system whereby reasons are the bedrock of decision making.
10. Lastly, i await the grounds from Mr.Justice Ramly Ali, the judge who sat alone and granted stay. To date he has not provided his grounds. I hope the Chief Justice could offer an explanation on behalf of this judge. The Chief Justice can also explain why the two panels of the Court of Appeal who we are also sitting on 12.5.2009 could not have heard the application. Is it because Justice Ramly Ali has special qualifications that other more senior Judges do not have? The public is entitled to know.
Signature
____________________________________
YAB Dato Seri Ir Mohammad Nizar bin Jamaluddin
19.6.2009
TP come back
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