IPOH, 15 May 2009: Perak state legislative assembly Speaker V Sivakumar, from the Pakatan Rakyat, has sued the Barisan Nasional choice for Speaker Datuk R Ganesan, for alleged assault and battery and false imprisonment.
Sivakumar’s move stems from the results of the chaotic state assembly sitting on 7 May, which saw the DAP assemblyperson being physically removed from his seat as speaker after the BN assemblypersons had voted to replace him with Ganesan.
Sivakumar also sought an injunction to restrain Ganesan or his worker or agent from denying him entry to the assembly sitting or barring or preventing him in whatever ways from holding the post or carrying out the duties of speaker.
The writ of summons was filed through Messrs Chan & Associates at the High Court Registry here at 11.45am.
In the statement of claim, Sivakumar said he was still speaker and assemblyperson for Tronoh.
Sivakumar (left) and Ganesan
Ganesan, meanwhile, had not been elected as assemblyperson, hence his presence at any assembly sitting was in contempt of the assembly, he said.
Sivakumar said that on 7 May, at about 2pm, when he was chairing a sitting of the assembly in Bangunan Perak Darul Ridzuan, Ganesan’s worker or agent had attacked and grabbed him violently, dragged him and harshly evicted him from the House on the defendant’s instruction.
He also said that in his forcible absence, Ganesan had wrongly assumed the role of speaker, had sat in the speaker’s chair and worn the speaker’s official attire while he had been illegally confined within the building for over an hour.
As a result, Sivakumar said he had been obstructed from carrying out his duties and obligations as the lawful speaker, had suffered shock, pain and injury, loss and damage, and had been deprived of his freedom.
He also said he suffered mental distress and had been publicly disgraced and humiliated.
Besides the injunction, he also sought damages including aggravated damages, costs and other reliefs deemed fit by the court.
Yesterday, 27 BN assemblypersons and three independents lodged a police report against Sivakumar for alleged abuse of power during the contentious assembly sitting on 7 May.
The PR speaker, too, had lodged a police report on 7 May on what happened during the sitting. He also lodged a report on 14 May over claims that a firearm was brought into the state assembly sitting.
Sivakumar’s lawsuit against Ganesan is the latest in a long line of lawsuits that date back to the Barisan Nasional takeover of the state in February.
Since then, the state has been plunged into turmoil with two menteris besar — BN-installed Datuk Seri Dr Zambry Abdul Kadir and the PR’s Datuk Seri Mohammad Nizar Jamaluddin — fighting it out in the courts.
On 11 May, the Kuala Lumpur High Court ruled that Nizar was the rightful MB, but Zambry managed to get a stay of execution the next day from the Court of Appeal. Nizar on 13 May applied to set aside the stay order, and the hearing is set for 18 May. — Bernama
KL Wong says
The rightful and truthful will always prevail.
Be brave to challenge BN for whatever is right and true! The mess has already caused by BN in the 507 assembly!
PM says
An unelected person in the state assembly (where he should not be in the first place) involved in the dragging out of an elected assemblyman who also happened to be the Speaker, and then taking over his position. How legal can that be and where is the moral?
dragonia says
This is like a chess game, never going to end so soon, unless the sultan decides with his conscience to dissolve the assembly.
Thuraisingam says
I’m still baffled by the rules enforced in Parliament and in state assemblies in Malaysia. I have read some books on Parliament and its rules especially the one written by Erskine May, an English writer who among other things states that of all the judges in England, the Speaker of the House of Commons is the highest judge in the land, i.e. England and Wales. The convention then in England was that during an election when the speaker stands to get a seat for parliament, he usually wins unopposed. His place of residence in England is within walking distance from Buckingham Palace and he has a weekly audience with Her Majesty The Queen. His chair always inspires awe and admiration. Casting aspersions on the chair in England is usually severely dealt with. The Speaker can order the arrest and internment of any person regardless of his status in England if such persons had brought shame and disrepute to this august house. Now I just want to where do our speakers stand, let it be the Parliament Speaker or the State Assembly Speaker.
sam says
I think this suit serves no purpose as the Judiciary is blatantly biased against Pakatan. Since the High Court has ruled that Nizar is the rightful MB, then all subsequent actions as irrelevant, including the illegal May 7 rape of the assembly.
Fikri Roslan says
I think this is not a chess game, but looks like a circus. It is a shame. Sivakumar should know that he behaves like a joker and is not aware that being an Adun he should follow some sort of code of ethics. He is probably the main cause of the problem in the whole crises in Perak. If he did allow the three Aduns exercised their right as assemblypersons, then the whole problem in Perak could be avoided. A vote of no confidence to Nizar will take place. Stop making a joke Mr Siva. Just focus on your responsibilty as Adun and serve the people in your constituency. This is Malaysia and we do not have time for this very shameful behaviour.
kuntakintae says
A chess game, absolutely. Couldn’t have said it better. Unfortunately, there’s not going to be a winner, only a loser – Perak.
elaine says
This is a case of double-bind, there is no way out unless one side has to give up and let go. Since we have reached the stage of Lawlessness, there is no point to pursue the matter legally. Bad luck, good luck, nobody knows. The Zen Master teaches us to use paradox and wisdom of letting go to pursue matter when things are not aligned with good energy. Let go, Nizar and Sivakumar, victory is on other horizon.