Zambry had sought an injunction from the High Court to stop “all unlawful assembly sittings” by Pakatan Rakyat which had formed the state government following the March 2008 general election before Barisan Nasional wrested the state back last month.

Lead counsel for Zambry, Firoz Hussein Ahmad, said he had submitted that the speaker did not have the power to call any assembly, including an emergency sitting such as the one held earlier on March 3.

Speaking to reporters after obtaining the grant, Firoz said the High Court order had time limit and penalties would be decided later if and when the speaker holds the next meeting that is deemed illegal under the order.
He also said that under the Perak State Constitution, the consent of Perak Ruler Sultan Azlan Shah must be obtained by the speaker to convene such a meeting.

Representing the speaker was the Perak assistant state legal adviser, Zulkarnain Hassan.

The order granted by the High Court was among the relief sought by Zambry, who has also filed an originating summons seeking a declaration that Sivakumar’s decision to suspend him and six of his exco members was unconstitutional and an abuse of power. The case will be mentioned on March 5.

On the same day, the High Court would also be hearing the suits filed by former Parti Keadilan Rakyat and DAP reps, namely Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblywoman Hee Yit Foong, who are seeking a declaration that their seats are not vacant and that they were still the elected representatives of their respective constituencies.

Earlier on March 3, Sivakumar convened an emergency sitting of the assembly under a tree, a few hundred metres outside the Perak state secretariat where three motions were unanimously passed, including the dissolution of the assembly to pave way for elections in the state.

Meanwhile at the courthouse in the morning, the High Court’s first ruling was that Sivakumar’s team of lawyers led by Tommy Thomas did not have the locus standi based on the Government Proceedings Act 1965. The JC had ruled that the speaker had to be represented by the state legal adviser or a person appointed by the latter.

Later in the afternoon, MP for Ipoh Barat M Kulasegaran caused a stir when he appeared at the Ipoh High Court bearing a letter from Sivakumar to be delivered to the JC. In the letter, the speaker said he had not given any instructions to the state legal adviser Datuk Ahmad Kamal Shahid.

“In the past few weeks and days following the notice to convene a sitting of the Mesyuarat Keempat, Penggal Pertama, Dewan Negeri Yang Kedua Belas of the state legislative assembly, there hasn’t been any communication from the office of the state legal adviser that his office is acting on my behalf in the discharge of my office as speaker exercising my duties under the Perak State Constitution and Standing Orders.

“I have not received any communications from (the) legal adviser’s office nor have I given any instructions to the legal adviser. So it comes as a complete surprise that I was informed that the state legal adviser submitted and refused my appointed legal counsel,” he said in a press release.

Kulasegaran said the state legal adviser would be acting in conflict of interest as he was already representing Zambry in the ongoing case by the ousted menteri besar, Datuk Nizar Jamaluddin in Kuala Lumpur.

“It is like the left hand suing the right hand,” he said.

Chronology of events

7.50am: Roads leading to Perak state secretariat is slightly congested with police manning at least three checkpoints leading to the building.

Dozens of policemen stand guard outside the building, allowing only staff working in the state building to pass through after showing their identification.

Also seen outside the building are three Federal Reserve Unit (FRU) trucks that have been parked there since March 2.

Perak Speaker V Sivakumar and Pakatan Rakyat (PR) assemblymen are expected to arrive at about 9am to convene the emergency sitting.

8.50am: The roads are quiet while reporters and curious bystanders wait for the arrival of the speaker and the assemblymen.
Only one FRU truck is seen at the entrance building.

9.30am: A slight scuffle breaks out when a small group of Umno supporters shouted ‘derhaka’. PR supporters did not retaliate but are told not to entertain the provocation. The crowd has swelled to more than 100.

9.35am: Datuk Seri Mohammad Nizar Jamaluddin and other assemblymen arrive at the building.

9.38am: At the Ipoh High Court, lawyers representing PR, namely Tommy Thomas, Philip Koh, Augustine Anthony, Chan Kok Keong and Leong Cheok Keng, are waiting for the hearing for the originating summons filed by Barisan Nasional (BN) lawyers to obtain declarations against Sivakumar, to commence.

Appearing for BN are Datuk Mohd Hafarizam Harun, Badrul Hizam, Ahmad Zamri and Faizul Hilmy.

Judicial Commissioner (JC) Ridwan Ibrahim asked for a lawyer from each side to meet him in chambers to explain the crux of the application by BN.

One of the declarations being sought by the BN lawyers is that the speaker had acted unconstitutionally in suspending Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his six exco members.

9.40am: Another scuffle breaks out to prevent Nizar and his entourage from moving towards the building. No action was taken by the police who are standing nearby.

9.50am: Senior exco member Ngeh Koo Ham is seen negotiating with FRU officers. The other state assemblymen are waving their letters, demanding they be allowed to attend the sitting.

9.55am: State assemblymen leave the front of the building and head towards the DAP headquarters situated across the road. Sivakumar then enters the state secretariat alone.

10.05am: In the Ipoh High Court, the courtroom is packed with journalists as well as litigants for other cases waiting for their matter to be heard.

10.20am: Sivakumar, who failed to get into the state secretariat building, convenes the sitting at an open car park with the PR state assemblymen standing in a circle. The sitting commences with a short prayer. About 300 people are also in the area.

10.45am: The Ipoh High Court has ruled that the private sector lawyers representing embattled Sivakumar have no locus standi to represent him.

The JC made this ruling in chambers after BN lawyers had argued that as part of the government, the speaker could be represented only by the state legal adviser.

Lawyer Tommy Thomas, who is part of the team for Sivakumar, said the team would await instructions from their client before deciding on the next course of action.

“We have to respect the ruling of the High Court, and as such we are withdrawing from the case now,” he said.

11.35am: There is some commotion between supporters at a coffee shop four doors away from the DAP headquarters.

11.50am: PR state assemblymen are escorted out to a waiting bus in order to protect them from a provocative group of BN supporters.

2.15pm: Lawyers for Zambry are already at the Ipoh High Court studying legal points ahead of a hearing for an application of injunction to stop further meetings of the Perak State Assembly. The hearing in the chambers of JC Ridwan Ibrahim is scheduled to start at 2.30pm.

2.55pm: Sivakumar sends a letter to JC Ridwan stating he has not authorised state legal adviser Ahmad Kamal to act on his behalf.

5.15pm: The Ipoh High Court grants order to stop Sivakumar from convening any state assembly sitting.