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SIVAKUMAR FILES SUIT AGAINST GANESAN

Posted in Uncategorized by malaysiasms on May 15, 2009

THE MALAYSIAN INSIDER

IPOH, May 15 — Ousted Perak Speaker V. Sivakumar has filed an injunction to stop Barisan V.Sivakumar / IpohNasional’s Datuk R. Ganesan from preventing the former from exercising his duties as the legitimate speaker.

Should the court hear the suit, which was filed at the Ipoh High Court at 11.45am, it will force the judiciary to settle the issue of who is the rightful speaker, a position central to the current impasse.

The speaker controls assembly proceedings and for BN, it could mean convening an assembly to pass a vote of no confidence in Datuk Seri Nizar Jamaluddin, rendering the current court case over who is the legitimate mentri besar academic.

Sivakumar is also seeking damages for assault and battery and false imprisonment during the chaotic May 7 assembly sitting but in his statement of claim, Sivakumar alleges that Ganesan was liable as the MIC man was at all material times not a member of the House and therefore his presence at the assembly was unlawful and in contempt of the assembly.

The Tronoh assemblyman seeks two injunctions, one to stop Ganesan from preventing Sivakumar from exercising his powers as speaker and also to prevent further abuse on his person.

Sivakumar was physically forced out of the speaker’s chair and out of the assembly and BN appointed Ganesan as his replacement on that day.

Sivakumar claims that at 2pm on May 7 he had been lawfully presiding over the sitting as the speaker when he was assaulted.

He says that in the assault, orchestrated by Ganesan and his agents, he was violently dragged from his seat and forcibly ejected from the assembly.

Sivakumar also claims that the eviction was carried out on the specific instructions from Ganesan.

Following the ejection, Sivakumar says that Ganesan then took on the speaker’s post by occupying the speaker’s seat and donning the official attire.

“In the meantime, the plaintiff was wrongfully and without lawful justification kept in custody and/or imprisoned by the defendant’s servants or agents in a room in the said building for more than an hour before he was permitted to leave,” Sivakumar says in the claim.

Due to his removal from the House, Sivakumar says that he was prevented from carrying out his duties as the lawful speaker.

In the fracas, Sivakumar claims that he suffered bruises on various parts of his body, upper arms and legs, soreness and discomfort all over his body, nervous shock and mental distress.

He says that his violent ejection from the House also damaged his suit and ceremonial robe.

As such, Sivakumar is claiming an unspecified amount in damages for assault and battery, false imprisonment, aggravated damages, costs and any other further relief as deemed fit by the court.

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