IPOH: The High Court yesterday dismissed former speaker V. Sivakumar's application for an injunction to stop the Perak state secretary from preventing him and other Pakatan Rakyat assemblymen from convening a state assembly sitting within the state secretariat compound today.
Judicial commissioner Tarmizi Abd Rahman in his decision in his chambers, however, fixed Oct 1 to hear the application.
Sivakumar's counsel, Chan Kok Keong, said at the High Court yesterday that the court's decision to hear the application took him and his colleagues by surprise as the purpose of the application (yesterday) was to stop State Secretary Datuk Dr Abdul Rahman Hashim from interfering with the state assembly sitting called by Sivakumar.
The former speaker, who claims he is still the legitimate speaker of the Perak state assembly, has issued notices to all state assemblymen calling for the state assembly sitting to be held at 10am today.
"We are astonished that the court, having rejected our client's application, has fixed the matter for hearing on Oct 1. Obviously it is an academic exercise now," Chan said.
He, however, said he would attend the hearing although it would no longer achieve the purpose set out in Sivakumar's application.
Sivakumar filed a summons in chambers at 10am yesterday seeking an ex-parte injunction against Rahman but Tarmizi ordered the plaintiff to serve a copy of the document on the state secretary and adjourned the matter for hearing inter-parte at 2.30pm.
Sivakumar asked for an injunction against Rahman and/or his agents from denying him entry to use the assembly hall on Sept 2 or prohibit or obstruct him from occupying the office of the lawful speaker of the assembly.
Rahman was represented by state legal adviser Datuk Ahmad Kamal Md Shahid. The latter refused to speak to reporters.
Chan said Sivakumar's counsel had impressed on the court to allow the application because Rahman, as the head of the Perak civil service, must not be allowed to interfere and show disrespect to the separation of powers by deciding who could call for the state assembly or use of the assembly hall.
"He (Rahman) has no power to interfere in the activities of the state assembly of which Sivakumar is the rightful head."
When questioned, Sivakumar said he would continue with his plan to hold the state assembly sitting in the state secretariat (today), stressing that he had sent out notices to all state assemblymen.
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