IPOH, Nov 5 — It is judgment day today for Perak as former Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin enters the final leg of his legal battle that could well turn the state's entire political imbroglio upside down.
His fate now lies in the hands of the few who would man the Federal Court Bench when his appeal over the Mentri Besar's post is brought before the court.
But Nizar wants a hand in determining his own fate too and has appealed to the apex court, by way of motion, for a full 11-man panel for his hearing.
In his application, Nizar has made one prayer — that justice is upheld and that the full Bench would be empanelled to at least give an impression of impartiality.
The motion will be heard in court at 9.30am today before the appeal proper and will likely be argued by former Bar Council president Datuk S. Ambiga.
Counsel have expressed suspicion that the “usual suspects” would likely preside over the case and they claim that as evident in most matters involving the Perak crisis, if such a thing were to happen Nizar's appeal would be struck out.
Such a decision would put a dead end to Nizar's hope of regaining control of the state he had helmed for 10 months and subsequently seeking for a dissolution of the state assembly to pave the way for fresh elections.
The “usual suspects” are namely Court of Appeal president Tan Sri Alauddin Mohd Sheriff, Chief Judge of Malaya Tan Sri Ariffin Zakaria and Federal Court judge Datuk Zulkefli Ahmad Makinuddin, who had presided during Nizar's application for leave to appeal in July.
Despite granting the appeal, the three-man panel had, on July 9, rejected his application for a stay of execution on the Court of Appeal's decision that his opponent in the case, Datuk Seri Dr Zambry Abd Kadir, was the state's rightful Mentri Besar.
Others that could likely be featured on the Bench in Nizar's appeal could include Federal Court judges Datuk Seri S. Augustine Paul and Datuk Wira Mohd Ghazali Mohd Yusoff.
While Nizar's motion does not seek to exclude but to expand the panel, The Malaysian Insider understands that his counsel are keeping their fingers crossed to see the likes of Federal Court judge Justice Datuk Gopal Sri Ram and Chief Judge of Sabah and Sarawak Justice Richard Malanjum join the team.
In fact, Nizar said in a statement yesterday that that the conspicuous absence of such judges who were well versed in constitutional matters threw the judiciary in a bad light.
“The best way to convince the public that the hearing on Nov 5 is a fair one is if all Federal Court judges sit on that day,” he had said.
Nizar's case and his question on the fairness of the judiciary have adversely affected his supporters in Perak. In fact, The Malaysian Insider was told that about 100 buses have been chartered to ferry people from across the state to the Federal Court to lend the former state chief some support during tomorrow's hearing.
One of Nizar's counsel, who spoke on condition of anonymity, told The Malaysian Insider that all eyes would be watching today’s events.
“If the motion application is dismissed, what kind of impression would this give to the public?” said the lawyer.
He commented that Nizar's appeal, if it is indeed heard, pending the motion, should not be bulldozed through with an immediate decision for it would further question the judiciary's impartiality.
“I do not think they can afford to make a decision on his appeal so quickly. And if a decision is given, then you and I know exactly what the decision would be,” said the lawyer.
Legal arguments aside, however, the real question is really not what the court would decide but what would happen if Nizar actually wins the appeal?
What is next for the “reinstated” Mentri Besar then?
In his ceramahs since the imbroglio started in February this year, Nizar has promised that he was not after the Mentri Besar's seat.
Instead, he said he only wanted to regain the post so he could appeal, again, to Perak Sultan Azlan Shah for a dissolution of the state legislative assembly.
“By dissolving and having fresh state elections, we give the people their right to decide their own government.
“This is the true system of democracy that should be returned to the people,” Nizar told The Malaysian Insider recently.
Nizar's confidence, however, could very well be misplaced for the Sultan could, like before, reject his appeal for a dissolution, by virtue of the fact that he still did not command the support of the majority in the legislative assembly.
After all, the Sultan had sanctioned the present Barisan Nasional government in February this year for this very reason, after meeting the 28 BN assemblymen and three BN-friendly independents in Ipoh.
The three independents are Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong, whose defection from Pakatan Rakyat had cost the coalition the entire state.
What is next then for Nizar? His unique position of being a mentri besar of the minority would not work at all in the state legislative assembly.
The state administration would be thrown in chaos for the BN assemblymen would shoot him down by sheer majority during state assembly sittings.
In such a scenario, Perak Speaker Datuk R. Ganesan, who has been sitting comfortably in his post after the Ipoh High Court struck out the suit against him by his predecessor, PR's Speaker V. Sivakumar, could summon an emergency state assembly.
In such an assembly, BN lawmakers, despite not being the government, could table a motion of no confidence against Nizar as the rightful mentri besar, which would be accepted by the BN-appointed Ganesan, and subsequently vote him out via a majority vote, which they undoubtedly have.
Nizar would find himself unceremoniously thrown back to the opposition bench.
What other recourse then can the then twice-ousted mentri besar and his PR friends seek?
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