Speaker vs Speaker: Judge slapping his own face? - Malaysiakini
By Kim Quek
Excerpts:
And how was Sivakumar "replaced" by Ganesan during that pandemonium?
While Sivakumar was sitting in the speaker's chair, hordes of police personnel entered the assembly hall, allegedly on Ganesan's order, and physically lifted, carried, dragged and moved speaker Sivakumar into a room where he was forcibly detained until the assembly sitting was over.
And as soon as Sivakumar was removed from the hall, police personnel escorted Ganesan into the hall and ushered him to the speakers chair, with police personnel making a line to stand guard in front of Ganesan to prevent any assemblymen from reaching the speaker's chair.
The entire tragedy-comedy was stage-managed by the police, and it is therefore more appropriate to say that while Sivakumar was elected by the assembly through a resolution, Ganesan was physically planted into the speaker's chair by the police. And that about sums up what happened on that tragic-hilarious day.
And since Judge Azahar appears to be so respectful of the constitutional principle of separation of power as demonstrated by his professed adherence to Article 72, is it not puzzling that he should have chosen to ignore completely the heinous violation of the doctrine of separation of power when hordes of police personnel invaded the assembly to physically replace one speaker with another?
Is it not another shining example of double standard in the Malaysia Boleh tradition?...
Meanwhile, in Malaysia Today:
http://mt.m2day.org/2008/content/view/26694/84/
A Clever, Conveniently Contradictory and Convoluted Judgment
Excerpts:
The judge conveniently contradicted himself. What was on the surface a bold ruling (a brave departure from the erroneous decisions of his colleagues) was in reality convoluted bias – a conclusion most unfair to Speaker Sivakumar.
by Martin Jalleh
Confusing Contradiction
The judge’s portrayed bold front followed by his blatant and befuddling contradiction left Speaker Sivakumar bewildered: "I had filed the two court cases against Zambry and his six executive councillors, and another against the three frogs (independent assemblypersons who left Pakatan to support BN which saw the collapse of the Pakatan state government in February this year).
“On both occasions, I had cited Article 72 of the Federal constitution to argue my case to which their defence lawyers had objected, and the courts ruled in their favour. Now the same article is used against me and the court has recognised the immunity of assembly proceedings from court jurisdiction. I'm very confused by the court's decision” (Malaysiakini).
“What Sivakumar is seeking is redress for the unlawful physical violence inflicted on him. And Article 72 covers only businesses conducted in the assembly - not unlawful and criminal act.”
A horde of policemen had trespassed into the State Assembly. They had forcibly dragged out Speaker Sivakumar, an officer of the legislature, and detained him against his will. They replaced him with Ganeson who was smuggled into the Perak State Assembly by the illegitimate MB Zambry and facilitated by the police. As an Umno leader would later comment in great disgust: “It was high-handedness at its foulest”.
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