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Update Nizar: Apex court decision may lead to absolute monarchy |
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Written by Yong Min Wei
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Tuesday, 09 February 2010 15:52 |
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PUTRAJAYA: The Federal Court's unanimous decision not to reinstate the Perak state government under Datuk Seri Mohammad Nizar Jamaluddin can affect the nation's parliamentary democracy system of government and lead to the concept of absolute monarchy, said former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin.
He said the decision by the five-member bench yesterday gave the impression that the monarchy had the right to determine the chief executive of a state and that the democratic rights of the people through elections and the legislature have been curtailed.
"This is a verdict where a government which did not follow the rules of parliamentary democracy has been supported by the institution. It can lead to other consequences and may lead to a situation of absolute monarchy in the future," he told a press conference at the Palace of Justice yesterday flanked by Pakatan Rakyat (PR) elected representatives.
"If this decision goes on and becomes the law of the day, then it can lead to the case where the ruler has the right to dismiss the menteri besar or the prime minister anytime, anywhere," he said.
Nizar, who is Pasir Panjang assemblyman, said the federal court's decision appeared to suggest that the judiciary was not entirely free to hand down a fair judgment, noting that the apex court had neglected the constitutional principles and precedents in the past where a head of government could not be dismissed by a ruler.
Nevertheless, Nizar said PR would have to accept the decision of the apex court as it was the prerogative of the judges to reach such a decision, adding that PR supporters must remain calm and not take matters into their own hands.
He also said PR leaders together with their lawyers would study the written judgment before deciding on their next course of action, noting that there could be legal provisions which they might ponder and lead to filing of judicial review on certain legal interpretations.
DAP adviser Lim Kit Siang said "there were hopes for the restoration of judicial confidence as well as independence and impartiality of the judges which have been affected since the first judicial crisis of 1988.
"All those hopes have been dashed today," said Lim, the MP for Ipoh Timur.
PKR Gopeng MP Dr Lee Boon Chye said the judgment was a temporary setback for the people of Perak but stressed that the voters would be the judge at the end of the day on who would rule the state in the future.
"We may have lost 1Perak but hopefully we might win 1Malaysia in the coming general election," said the PKR national vice-president.
"The decision by the five judges was not unexpected," Nizar who is Bukit Gantang MP added.
Asked if PR would proceed with the case to compel the Election Commission to hold fresh polls in constituencies held by the three assemblypersons whose resignation from the coalition's parties triggered the crisis, Nizar replied: "Oh yes, that goes on in the High Court in Kuala Lumpur and we are awaiting the date."
Later, Nizar was greeted with loud applause when met by some 500 PR supporters outside the court. The ousted MB told supporters to respect the court's decision and work hard to face BN in the next general election.
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