Sultan didn’t cite any reasons, says Nizar

By Jacqueline Ann Surin and Gan Pei Ling, The Nut Graph

Sultan Azlan Shah did not cite any reasons, not even constitutional grounds, for not dissolving the Perak state assembly, according to an affidavit filed by embattled Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin.

The affidavit, which was filed yesterday at the Kuala Lumpur High Court registry, said Nizar made several arguments about why the state assembly should be dissolved following the resignation of three assemblypersons from the Pakatan Rakyat. However, the ruler merely declared that Nizar had to resign without giving any reasons for his decision.

"Right after I had made all my arguments, the sultan looked up at me and His Royal Highness declared that he was not going to dissolve the state assembly, and that I, as the menteri besar, should resign," the affidavit said.

Nizar Nizar was describing his meeting with Sultan Azlan Shah on 5 Feb 2009, a day after he had formally met with the ruler to request for the dissolution of the state assembly.

During the earlier meeting on 4 April, Nizar presented the pre-signed resignation letters of the three assemblypersons, who were uncontactable at that point and arewidely believed to have defected to the Barisan Nasional (BN).

The three were Parti Keadilan Rakyat (PKR)'s Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Jailu (Changkat Jering), and the DAP's Hee Yit Foong (Jelapang) who subsequently became independents "friendly" to the BN.

Nizar said that during his meeting with Sultan Azlan Shah on 4 April, he requested for a dissolution in order to avoid a "deadlock" in the state assembly and in the state's administration.

"I also noted that a dissolution would give the Perak people the right to an election, and for them to legitimately give a new mandate to the government," Nizar said.

Nizar said Sultan Azlan Shah then said he would study the request and contact him. "His Royal Highness then said to me, 'InnaAllaha maa Sobirin (God is with those who are patient)' with a smile while shaking both his hands."

Nizar then presented the draft document of a declaration of the dissolution of the state assembly, on which the sultan remained silent.

"I stress that during my audience with His Royal Highness, I never mentioned or informed or suggested to the sultan that there was a loss of confidence in me as the menteri besar by a majority of the assembly.

"I also never suggested to His Royal Highness to dissolve the state assembly in accordance with Article XVI (6) of the state constitution," Nizar said.

Nizar added that Sultan Azlan Shah also never mentioned these two matters during their meeting.

Nizar's affidavit was filed to refute an affidavit by Perak legal adviser Ahmad Kamal Md Shahid, which said that the ruler had cited the constitution when directing Nizar to resign.

Zambry Ahmad Kamal's affidavit was in support of the affidavit by BN-installed Menteri Besar Datuk Seri Dr Zambry Abdul Kadir.