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.
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