IPOH: Perak executive councillor A Sivanesan has sued former Penang assemblyman Satees Muniandy over a video uploaded on TikTok on June 8 last year, alleging that it was defamatory.
Lawyer Shamsher Singh Thind, who represents Satees, confirmed that the case is now before the High Court here.
In his statement of claim dated Dec 1, Sivanesan said the video implied he was unfit to hold public office, including his executive council portfolio overseeing Indian community and Hindu religious affairs in Perak.
Sivanesan said Satees used the Tamil word “kudikare” to describe him in the video, which translates to “drunkard” or “alcoholic”.
Sivanesan is seeking a court order to restrain Satees and his agents from publishing or sharing any further allegedly defamatory material about him until the case is decided.
He is also seeking the video’s removal as well as general, aggravated and exemplary damages.
Sivanesan likewise wants front-page retractions and apologies published in three Tamil-language newspapers, as well as an apology video on TikTok via the account “@satees_urimai”, to remain online for a month with the account kept public.
In his statement of defence dated Jan 19, Satees said he posted the video following a dispute over a Perak government circular which he claimed would halt approvals for new Hindu temples on state land for five years – a move he said was later cancelled after mounting criticism.
Satees also said he was using “kiasan”, or figurative language, and that the remarks were not directed at Sivanesan.
A Malay translation of the recording filed in court claims that Satees, in his speech, used a Tamil analogy: “Does a donkey know the fragrance of camphor? Does a drunkard know the nobility of a temple?” before touching on the debate over temples on government land.
In his statement of claim, Sivanesan said the Perak government had only decided not to allow new temples to be built on state land “for the time being”.
Shamsher said his client had applied to the High Court for the case to be transferred to the sessions court in either Butterworth or Ipoh.
In an affidavit supporting the application, Satees said he posted the video while at home in Juru, Bukit Mertajam.
Satees said the sessions court had the power to grant the orders sought by Sivanesan, and that defamation awards in individual cases were typically within its jurisdictional limit of RM1 million.
He said Sivanesan was not seeking damages exceeding that amount, and that keeping the matter in the High Court would result in higher legal costs.
In reply, Sivanesan said he was entitled to file the case in the Ipoh High Court, which had full jurisdiction to hear defamation matters.
He added that the video was published online and accessible nationwide, not just in Penang, and that the dispute and alleged harm were linked to Perak.
However, he said he would not object if the court decided the case should instead be heard at the Ipoh sessions court, but opposed any transfer to Butterworth.
Sivanesan is represented by lawyer Joshua Choong.
The High Court has set Feb 10 for case management and to consider the transfer application.
