Perak Assembly Lockout:Historic Humble Emergency Sitting

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Locked out of the House,the Perak State Assembly holds historic humble emergency sitting under a rain tree in an open area today.

Perak State Assembly Speaker V,Sivakumar,donned in the official Speaker costume, chaired the emergency session, standing up assisted by newly appointed State Assembly Secretary Mohd Misbahul Munir Masduki, with the help of a loud speaker at 10.20 a.m. in Perak's state capital, Ipoh.

The historic open air sitting was reminiscent ,perhaps, of how democracy first began in Greece.

Nevertheless,it has a poignancy of better days when it was last held in the House 100m away.

All 28 People Alliance state assemblymen from the Democratic Action Party (DAP), People Justice Party (PKR) and Malaysian Islamic Party (PAS) gathered for 30 minutes in the open air lot under the rain tree without any seats to hold the emergency sitting after they were barred by a wall of riot police and people from entering the State Secretariat housing the Perak State Legislature.

Showing great fortitude and determination,they moved and passed three motions unanimously,, viz, 

*To affirm in a vote of confidence that Datuk Seri Mohammad Nizar Jamaluddin is the legitimate Mentri Besar (Chief Minister or State Governor) of Perak;

*To dissolve the hung Perak State Assembly and call for snap state election

and

*To adopt the decision of the Rights and Privileges Committee of the Perak State Assembly to suspend Zambry and his six-member executive council for contempt of the House.

The emergency sitting also resolved to cite police,Home Affairs Minister Datuk Seri Syed Hamid Akbar, State Secretary Datuk Abdul Rahman Hashim and all government servants who have blocked today's sitting for contempt.

The 21 eligible National Front state assemblymen,knowing they would be defeated 28-21, boycotted the emergency sitting.

When Sivakumar, Nizar and the state assemblymen turned up this morning, they were blocked by the riot police and government servants from entering the state legislature.

Hence,their supporters.numbering about 200 people,fenced off an open air lot nearby for the upset state assemblymen to hold the emergency sitting.

Dr Khalil Idham Lim Abdullah,state assemblyman for Titi Serong tabled the first motion, followed by Chang Lih Kang, state assemblyman for Teja, the second motion and Datuk Ngeh Koo Ham, the third motion

Sivakumar's courage and forthright decision have elevated the position of speaker of the state legislature.

He believes he has used the enormous powers vested in the Speaker to do what is right ~ to give legitimacy to Nizar,earlier dismissed by the Perak Sultan Azlan Shah without any vote of no confidence in a formal sitting of the Perak State Assembly; dissolve the hung Perak State Assembly earlier advised by Nizar in his audience with the Perak sultan so that fresh state election could be conducted for the people to vote and choose state representatives of their choice and initiate contempt proceedings on all those who manipulated to bar the emergency sitting.

The emergency sitting also affirmed the Speaker's decision to suspend National Front Perak Mentri Besar Datuk Dr. Zambry Abdul Kadir and his six-member executive council from attending the Perak State Assembly sitting for 18 months and 12 months respectively  for contempt of the House.

Malaysian Bar Council deputy president Ragunah Kesavan describes today's blockade as an abuse of power by police and the relevant authorities.

He says the lockout is a violation of the principle of separation of powers of the executive,legislature and judiciary.

"It is also not right for police to be involved in this matter," he stresses.

Ragunah suggests the only way out of the political impasse is to go back to the people for a fresh mandate.

"Police skulduggery", he adds, " will get nowhere."

Ragunah also hits out at the Perak State Secretary and Perak State Assembly Secretary for acting beyond their powers to block the emergency sitting.

Apparently, the Perak State Assembly Secretary Abdullah Antong Sabri,earlier instructed by Sivakumar to send out notices of the emergency sitting, issued a three-page statement on Sunday,declaring the emergency sitting had contravened the Perak Constitution and standing orders.

He claims it is invalid without the consent of the Perak sultan.

This "invalid" claim was used by Perak chief police officer deputy commissioner Datuk Zulkifli Abdullah to warn members of the public,including state assemblymen not to gather and take part in an "illegal" assembly.

He said only officials, employees and those with permits would be allowed into the State Secretariat building, in a statement released on Monday,adding that he had been informed by the State Secretariat administration that the emergency sitting would not be held.

And on Monday evening,the State Secretary Office issued circulars pasted on doors directing civil servants to cancel all appointments as the gates of the State Secretariat would be shut on Tuesday.

However, the circulars were "collected back" about an hour later.

In response to these concerted efforts to thwart the emergency sitting from taking place,Sivakumar held a news conference, announcing he had suspended Perak State Assembly Secretary Abdullah Antong Sabri for failing to act professionally and impartially Monday evening.

He appointed Mohd Misbahul Munir Masduki to assist him.He made sure his signed notices of the emergency sitting were sent out to the eligible state assemblymen.

He did not send the notices to the seven suspended National Front state assemblymen ~ National Front Perak Mentri Besar Zambry and his six-member executive council and the three political frogs who had switched allegiance.

The speaker, who is holding copies of signed letters of resignation, ruled the three betrayals of their political parties have vacated their seats and are no longer eligible to attend the state legislature.

According to Sivakumar,the last sitting of the Perak State Assembly last November adjourned sine die and was not prorogued.

Hence,he insists he does not need the consent of the sultan to convene the emergency sitting under Standing Orders 8,11 and 89.

The Perak State Assembly Speaker has shown strength of character and determination to do what he deems right and proper despite opinions to the contrary from outgoing Prime Minister Datuk Seri Abdullah Ahmad Badawi, incoming Prime Minister Datuk Seri Najib Tun Razak, Zambry,Abdullah Antong.Abdul Rahman and others.

As riot police put up road blocks around the State Secretariat on Monday night, Sivakumar warned the Perak police chief not to "block" the emergency sitting as it had "validly been called".

The Speaker stressed he would invoke the powers of the Perak State Assembly to commit those responsible for contempt of the state legislature for blocking the state assemblymen from exercising their rights.

"I also wish to draw the cpo's attention to Section 124 of the Penal Code which provides a prison term of seven years for wrongfully restraining a member of the legislative assembly from exercising his or her duties," he adds.

Meanwhile,the political machinations have moved to the courts.

Zambry and his six-member executive council had filed an application on Monday in the Ipoh High Court to nullify Sivakumar's suspension order on them.    

They have also obtained a restraining summons from the High Court to stop Sivakumar from holding further sittings of the Perak State Assembly.