Court strikes out Sivakumar’s suit against his successor

IPOH: The High Court here has struck out a suit by former Perak Speaker V. Sivakumar against his successor for assault and false imprisonment during the tumultuous May 7 assembly sitting.

In rejecting the application with costs Tuesday, Justice Azahar Mohamed ruled that the court had no jurisdiction to hear Sivakumar's claim and therefore, could not interfere with the conduct by members of the House.

To do so, he said, would be in violation of Article 72 of the Federal Constitution, which states that the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

"These are internal matters and whatever matters that arise are to be discussed and resolved in the State Legislative Assembly, not in this court," he said.

Sivakumar had in his suit also sought an injunction to prevent Datuk R. Ganesan and anyone under the latter's direction from stopping Sivakumar from exercising his duties as the Speaker as well as to prevent them from inflicting further abuse on him.

Justice Azahar said in his mind, there was no doubt Sivakumar had been removed as Speaker by way of resolution and that another resolution had been passed to elect Ganesan as Speaker in the May 7 sitting.

He added that to question the validity of Sivakumar's removal was to question the resolution of the Assembly.

"I am unable to agree with the plaintiff's lawyer that the proceedings on May 7 does not determine who is Speaker," he said.

In his statement of claims, Sivakumar asserted that Ganesan's presence at the May 7 sitting was unlawful and in contempt of the House as the MIC man was ''at all material times, not an elected member of the assembly''.

He alleged that the assault on him that day, which begun at 2pm, had been done under specific instructions from Ganesan.

Sivakumar claimed that he was seized, dragged from his seat and subsequently forcibly ejected from the assembly.

In his ''forced'' absence, he added, Ganesan had ''unlawfully held himself out as the Speaker by occupying the Speaker's seat and donning the Speaker's attire."