COURT RESTRAINS NORTHERN STATE SPEAKER FROM HOLDING UNLAWFUL SITTING

IPOH (Malaysia), March 4 (Bernama) -- The High Court here Tuesday issued an
order restraining northern Perak State Legislative Assembly Speaker V. Sivakumar
from convening any unlawful sittings.

Judicial Commissioner Ridwan Ibrahim issued the order after hearing
arguments in chambers from a team of seven lawyers led by Firoz Husain Ahmad
Jamaluddin.

They represented Chief Minister Dr Zambry Abdul Kadir and the six State
Executive Councillors. The Speaker was represented by Assistant State Legal
Advisor Zulqarnain Hassan.

Firoz told reporters later that the restraining order did not have a time
limit.

He said that among the major points submitted to Ridwan was Section 44 of
the Specific Relief Act which provides that an order could be granted against a
public official.

"In this case the Speaker is the public official. Besides, we also
scrutinised laws under the Federal Constitution which give immunity to the
Speaker and the House's proceedings.

"We argued that the immunity was not applicable under the present
circumstances because they were not proceedings within the assembly and the
immunity under the Federal Constitution also was not applicable," he said.

Firoz said Article 36(1) of the Perak State Constitution also clearly states
that only the Ruler of Perak can call the sitting of the legislative assembly
at a time he thinkgs fit and there are no provisions which enable the Speaker to
call the sitting of the legislative assembly.

"The speaker has no powers to call the legislative assembly to sit unless
with the consent of the Sultan of Perak," he said.

Asked whether the order means that the judiciary can intervene in the powers
of the executive, he said: "The judiciary also acts as check and balance in the
separation of powers. A person cannot do and act at his will. The court actually
can determine the limitation."

Asked what legal action can be taken against the Speaker if he disobeys the
order, Firos said: "Article 44 however does not provide any specific penalties.
We will consider it when it happens.

-- BERNAMA