High Court restrains Perak Speaker

High Court restrains Perak Speaker (updated)
The Star reports:
IPOH: The High Court here has granted an order to restrain Perak Speaker V. Sivakumar from convening any unlawful meetings purporting to be state assemblies.

Judicial Commissioner Ridwan Ibrahim, who heard from lawyers on both sides in chambers, made his decision under Section 44 of Specific Relief Act.

Perak Mentri Besar Datuk Dr Zambry Abdul Kadir was seeking an injunction from the High Court to stop “all unlawful assembly sittings” by Pakatan Rakyat, which had formed the state government before Barisan Nasional took over in late January.

Dr Zambry’s lead counsel Firoz Hussein Ahmad told reporters after the hearing that he had submitted that the Speaker does not have the power to call any assembly, even an emergency sitting such as the one held earlier Tuesday.

The High Court order has no time limit and penalties would be decided later if and when the Speaker holds the next meeting deemed illegal.

The restraint order however is not retrospective and does not cover Tuesday morning’s emergency sitting in which three motions were passed, including one calling for the dissolution of the state assembly to pave the way for fresh polls.

Ipoh Barat MP M. Kulasegaran had earlier said it was a clear conflict of interest that the legal advisor who acted for Dr Zambry in a case last week represented Sivakumar in a case brought forward this time by Dr Zambry.

“How can he act for both plaintiff and defendant? It’s a clear case of conflict,” Kulasegaran said on behalf of Sivakumar.

Ridwan earlier Tuesday ruled, based on the Government Proceedings Act 1965, that five lawyers appointed by the Speaker had no locus standi to represent a government officer but that he should be represented by the state legal advisor or somebody appointed by the latter.

Sivakumar said he had not authorised the state legal advisor to act on his behalf.

“I have not received any communications from the legal advisor’s office nor have I given any instructions to him,” Sivakumar said in a statement handed out by Kulasegaran.

Dr Zambry also sought a court declaration that Sivakumar’s decision to suspend and bar him and six executive council members was unconstitutional and ultra vires the state constitution. That suit would be mentioned on Thursday.

Also to be heard Thursday is the lawsuit filed by three independents -- Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong -- seeking a declaration that their seats are not vacant and that they are still the elected representatives of their constituencies.

Blogger: The High Court restrained the Perak Speaker from conducting any unlawful meeting purporting to be state assemblies. But what about the one he conducted the very morning to call for the dissolution of the state assembly to pave the way for fresh polls? In effect, Perak state assembly is dissolved and after the speaker informed the election commission about its dissolution, the later needs to call for a fresh election.