Thursday date for Subashini decision

The fate of whether an Indian Hindu wife can seek justice in the civil courts - despite her Islam-convert husband initiating divorce proceeding in the syariah courts - will be known tomorrow.The Federal Court - the country’s highest court - will announce their decision three months after lawyers from both sides of the controversial case made their final arguments.

The three-member panel comprising justices Nik Hashim Nik Ab Rahman, Abdul Aziz Mohamad and Azmel Ma'amor will decide whether the civil or syariah court is more authoritative on the issue of divorce when one spouse converts to Islam - an issue that has been a long-standing moot point in the trial.

Subashini, 28, is trying to stop her 31-year-old husband, T Saravanan - a Hindu who has converted to Islam and assumed the name Muhammad Shafi Saravanan Abdullah - from taking their divorce and custody proceedings to the Syariah Court.Saravanan converted in May 2006 along with their eldest son, Dharvin Joshua, 4.

The husband then launched proceedings in the Islamic syariah court for divorce as well as custody of their second son, Sharvin, 2.During her appeal to the lower Court of Appeal on March 13, justices Suriyadi Halim Omar and Hassan Lah - who made the majority 2-1 decision - told her to take her case before the Syariah Court instead, while justice Gopal Sri Ram dissented.

According to the majority decision, the injunction sought by Subashini was unnecessary because the Syariah Court is competent enough decide on the matter.However, on March 30, Subashini was granted an interim injunction by the Court of Appeal restraining Saravanan from pursuing his claims in the Islamic court.

The injunction also effectively restrained him from converting their youngest son to Islam and from pursuing his custody claims in the Syariah Court.It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underage children without permission from the non-Muslim spouse.Three possible outcomesThere are three likely possible outcomes from the Federal Court tomorrow:1.

The court may decide against Subashini on technical grounds - over the date of Subashini's divorce petition which was within three months of her husband's conversion date.According to the law, the petition should be filed three months after the conversion date. Subashini argued that she was not aware of the date of her husband’s conversion.

If so, the case will be thrown out and lawyers can choose to file her divorce petition again.2. The court may decide against Subashini on substantive grounds - that the Syariah Court has jurisdiction and orders her to take her case there. This effectively rules that civil courts have no say in conversion cases especially after syariah proceedings have commenced.3. The court may decide for Subashini - she will get remedy in civil courts, her husband may not proceed further in syariah courts and he has to go back to civil courts because their marriage was originally solemnised under civil law.

Aftershocks from Joy

This decision will be the second time the apex court is to decide on a matter involving the vexing issue of religious freedom.Previously, the Federal Court held that the jurisdiction on issues concerning a Muslim who wants to convert to another religion lies with the Syariah Court.In the landmark judgment by former chief justice Ahmad Fairuz Sheikh Abdul Halim, Lina Joy was held to remained a Muslim and her religious status cannot be removed from her identity card.

Born an ethnic Malay Muslim, and called Azlina Jailani, Joy was introduced to Christianity in 1990.It has left her fighting authorities, first for her new name to be put on her identity card, then to have her former religion removed.The controversial judgment has left the nation divided over one's freedom of religion as enshrined in Article 11 of the Federal Constitution.

Writing on the wall for MIC supremo

Athi Veeranggan Dec 26, 07 12:59pm
It was a rare sight.The jeering and booing of Works Minister S Samy Vellu at the Penang International Sports Arena (Pisa) last Sunday shows the naked truth that a growing number of Indian Malaysians are against the MIC strongman.On Sunday night, loud boos accompanied Samy Vellu on stage as he emerged to officiate Astro’s 'Aattam 100 Vagai' (100 types of dance), an international modern Indian dance competition [YouTube video].If the crowd's unhappiness was anything to go by, Indian Malaysians want the beleaguered Samy Vellu to gracefully relinquish both his party and government positions immediately."The message is loud and clear.

Hindu masses have had enough of Samy Vellu,” said Penang-based United Hindu Religious Council President G Mugunthan, 65."Samy Vellu (should) honourably resign. He has been ‘warming’ the chair for far too long."Indeed, Samy Vellu has firmly held the party’s reign for nearly 30 years. During this period, he has made sure that he is the only Indian cabinet minister, no one else. Obviously, he wants to be revered as the supreme leader for the 1.8 million Tamil-speaking Indians in the country.In the past, he called all the shots and held the key to all major government decisions on issues pertaining to Indian affairs.

Stability in MIC

Certain party insiders believe that Samy Vellu's autocratic political style has provided stability within the party.But political stability of a party does not guarantee prosperity for the community."It will work so long (that) there is no dissent. Now after 50 years, Hindus have finally (awaken) from their deep slumber to realise that Barisan Nasional, MIC and Samy Vellu have had deceived and manipulated them for selfish gains," said a MIC observer who declined to be named.It is a known fact that the majority of Indian Malaysians have been staunch BN supporters over the years. In return, they expected the ruling coalition to safeguard and enhance their interests, rights and benefits.However, this did not happen.

The nationwide awakening was driven by the Hindu Rights Action Force (Hindraf). It rapidly caught fire due to prevailing discontentment, disenchantment and disillusionment amongst Indian Malaysians.A political observer said that Hindraf does not need to spread lies to capture the imagination of the Hindu masses since the disturbing truth created by MIC and BN’s lopsided policies was evident enough."The Hindu masses needed a spark and they got it through Hindraf,” the observer noted. "At Pisa, Hindus vent their anger against the MIC leader for his feudal-style leadership tainted by cronyism, nepotism, corruption and miseries to Indians through the country. Never before have Hindus loathed and despised the MIC supremo so openly."The abuses and foul words lashed out last weekend would have traumatised anyone but the thick-skinned Samy Vellu took it all in his stride.He even had the cheek to wave to the abusive crowd of largely Indian youths who wanted the long-time Indian leader to get out of their sight.But what about him?

Malaysian Indian United Party (MIUP) Penang pro-tem liaison committee chairman L Balasupramaniyam described the whistling and jeering as a "mass dissatisfaction and displeasure demonstrated against the mess created by Samy Vellu and company.""Samy Vellu said MIC would change its elected representatives who were suffering from ‘fatigue’. But what about him?” asked Balasupramaniyam.It is undoubtedly time for the government to look more seriously into the problems affecting Indian Malaysians and resolve them by taking effective measures.Mugunthan said that the government should not merely listen to MIC and the array of party-linked NGO leaders.He added that the government should understand the fact that thousands of Indian Malaysians do not recognise Samy Vellu as their leader.All the issues resurfacing now are issues that should been resolved in last 50 years, he added. The BN-led government has failed to so despite numerous calls by various parties.Indian Malaysians have been on the losing end after backing BN and MIC for all these years. They now want what is rightfully theirs.

On Nov 25, they collectively showed their disapproval to the failures of BN, MIC and Samy Vellu in the streets of Kuala Lumpur and once again, a month later in Penang's Pisa.It is up to Prime Minister Abdullah Ahmad Badawi, Samy Vellu and the party to see the writing on the wall.It is there for all to see. It would be the height of arrogance if Samy Vellu fails to see it himself.

Samy promises new faces for GE

RK Anand Dec 22, 07 6:54pm

MIC’s elected representatives who have reached the ‘fatigue stage’ would be dropped and replaced by new faces in the coming general election, said the party’s president S Samy Vellu today."Looking at the situation, I am going to do many changes. This is sure to happen," he said when interviewed in RTM's Tamil talkshow "Karuthu Kalam" or "Opinion Forum" aired over RTM2 today.

Samy spoke about wide-ranging issues from when he entered politics and the challenges being faced by the party and the Indian community."Normally, I introduce new faces in elections and I assign them special tasks."Since I work long hours, I can't be monitoring them all the time.

That will affect my job," he said.He said he could tell them about their responsibilities during the MIC's monthly central working committee (CWC) meetings."Few are clear about their duties and carry out their responsibilities accordingly (but) some have reached the fatigue stage," he said.At present MIC has nine members of Parliament and 19 state representatives.

Many would see the proposal to introduce new faces by the party in the coming general election as a way by Samy to recapture the trust of the Indian community.The Indian community has been quite critical in the recent past over what is seen as the party’s and its leaders’ failures to uplift the community. We have benefited

Samy also said that he entered politics in 1957 "with a view to change the condition of the Indian community"."That was one of the main reasons for me to join politics. It was permanently in my mind. I kept thinking for ways and means to create a better situation to upgrade the condition of the community."When I became president of MIC in 1979, I realised that only by transforming the community into an educated community, we would be able to compete and be on par with others," he said.He also said that he has not stopped fighting for the community in his 29 years of service as a minister.

He is presently the works minister."I have talked everything. I can tell one thing to those who ask on what I've done. I can't reveal what I've talked, what I've fought in the cabinet."We have taken an oath of secrecy and we should not reveal anything that have been decided in the cabinet because those government documents are classified as official secrets," he said.

To a question, the MIC chief said not all the requests made by the MIC were put aside by the government."During the 29 years, when we request for 20, we get 10. So we have always benefited. We can't say we didn't get anything. “I have records on what we have got. I know how the government has been channelling the assistance," he added

Gerakan Moves To Act Against Paranjothy Over Sensitive Remarks

PENANG, Dec 23 (Bernama) -- Gerakan has initiated disciplinary action against its Youth vice-chief S. Paranjothy over his racially sensitive remarks against Umno.

Gerakan acting president Tan Sri Dr Koh Tsu Koon said Sunday the party viewed the matter seriously and that the case has been referred to the Disciplinary Committee for a decision on the action to be taken before it was to be brought to the party's Central Working Committee (CWC).

He said the action against Paranjothy could be in the form of a suspension or explusion from the party."We will abide by the party's procedure before deciding on the form of action to be taken," he told a news conference at the Gerakan state head office here.Paranjothy is alleged to have issued a press statement claiming that he was not happy with Umno and the way Indians in the country were being treated.

Koh said Paranjothy had disregarded the team spirit in Gerakan because as the party's Youth vice-chief he should have consulted other party leaders before making a major statement."His action is clearly contrary to my advice for Gerakan to always find constructive solutions to all problems, no matter how difficult, including matters related to the problems faced by the Indians," he added.He regarded as inappropriate Paranjothy's open verbal "attack" of another BN component party.-- BERNAMA

Samy out of touch with the community

The Indian voters, who for long have been loyal to the Barisan Nasional, will shift away from voting for the ruling coalition in the next general election, predicted Opposition Leader Lim Kit Siang.

He also said that the elections will be held in March next year. Constitutionally the prime minister need not call for a national poll until April 2009. Speaking at a forum held in Ipoh yesterday, Lim said that the next general election will be different due to the “awakening of political consciousness among the Malaysian Indians”.“They are an important factor in determining the electoral outcome,” he said.

He added that although there were no single parliamentary or state assembly constituencies where the Indian voters constitute the majority of the electorate and could singly decide on the outcome, Indian voters nevertheless represented over 10 percent of the electorate in 62 parliamentary constituencies and 138 state assembly constituencies.“

In 28 parliamentary and 78 state assembly constituencies in Peninsular Malaysia, the Indian voters are the ‘kingmakers’ as they constitute more than 15 percent of the electorate and exercise as decisive influence as to who wins or loses in the constituency,” he added.Lim also trained his attacks on MIC president S Samy Vellu, whom he said had confirmed that the government had dismissed the community’s legitimate grievances in an RTM interview on Wednesday night.

On the show, he talked about the development and success of the Indian community. Serious denial syndromeSamy’s responses in the interview, Lim charged, showed that the minister had lost touch with the Indian community. Lim further claimed that Samy has a "serious denial syndrome" when he claimed that the government has never neglected the Indians.

According to him, Samy blamed "ineffective delivery system" in dismissing legitimate grievances of the Indians over political, economic, educational, social, cultural and religious marginalisation. Saying that it was a very poor excuse, Lim told that "Samy Vellu cannot run away from the fact that he had been the MIC president and sole Indian cabinet minister for over 28 years”.

In the interview Samy, who is also the works minister, was quoted as saying that he had asked Abdullah to "give a bit more to the Indians".On this issue, Lim asked: "Why is he asking ... as if (he) must beg on behalf of the Indians, when (they) are entitled to ask what should be rightfully theirs?"Samy’s constituency Sungai Siput is one area where the Indian voters make about 22.45 percent.

'9 reasons' to lock up Uthayakumar

'9 reasons' to lock up Uthayakumar
Andrew Ong Dec 21, 07 3:50pm

Of the five Hindraf leaders detained under the Internal Security Act (ISA), P Uthayakumar recorded the highest number of reasons which the government used to support his detention. The nine reasons were listed in the detention order as an annexure titled “Allegations of facts” on which the order is based - a requirement under Section 11 (2) (b) of the ISA. Other than five seditious speeches, Uthayakumar was accused of organising three illegal assemblies - at the Prime Minister’s Office in Putrajaya, outside Parliament and outside the Attorney-General’s Department - between Nov 2006 to August 2007.

The final reason is his alleged links to Liberation Tigers of Tamil Eelam (LTTE), a separatist group in Sri Lanka which has been declared a terrorist organisation by a number of western countries.Uthayakumar has vehemently denied Hindraf's links to LTTE.Two other Hindraf leaders detained under ISA - V Ganabatirau and T Vasantha Kumar - had six allegations mentioned in their respective detention orders. M Manoharan chalked up seven while R Kenghadharan had only three.

The four other detainees were mostly accused of making ‘seditious speeches’ during Hindraf organised public forums and taking the movement’s cause overseas. Hearing next week The five were detained under the ISA on Dec 13 based on an order signed by Prime Minister Abdullah Ahmad Badawi under his Internal Security Minister portfolio.

The detainees were immediately sent to the Kamunting Detention Centre to serve their two-year detention. In a related development, Karpal Singh - counsel for the five Hindraf leaders - today filed habeas corpus applications for Uthayakumar and Vasantha Kumar at the Kuala Lumpur High Court.

The applications follows similar applications made by Karpal on behalf of Manoharan and Ganabatirau on Wednesday. Speaking to reporters later, Karpal said Judicial Commissioner Zainal Azman Abd Aziz would be hearing all four cases next Wednesday. A habeas corpus application for Kenghadharan would be made on Monday. The move is believed to be a deliberate attempt to disassociate him from Hindraf.

Hindraf supporters shave heads to protest detention

Source : MalaysiaKini
More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).

Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.

More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.

"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.

"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.

According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.

Gandhi posters
The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.

"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.

"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.

Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.

Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.

Malaysia: Government failing to respect the right to freedom of assembly

Amnesty International condemns the arrests of human rights lawyers, activists and members of the public in the past few days as they exercised their right to peaceful assembly and freedom of expression. These include members of Bersih, a national coalition of NGOs and opposition politicians, calling for free and fair elections and the Hindu Rights Action Force (Hindraf). Amnesty International is also concerned that there are still many individuals who remain in detention, and calls for the immediate release of all those detained.
Amnesty International is concerned that the Malaysian government appears to have begun a sustained crackdown against public assemblies. In recent weeks two large assemblies have been held which have been met by excessive use of force by police and arrests on dubious charges. On 10 November, Bersih held a large demonstration of at least 30,000 people. In a separate incident on 25 November, Hindraf gathered around 40,000 ethnic Indians in order to protest their dissatisfaction over government policies resulting in marginalisation of and discrimination against the Indian community. During both demonstrations, police used water canons, tear gas and excessive force against demonstrators, resulting in many injuries. Mass arrests and arbitrary detention also occurred following the events.
Amnesty International is concerned that the Malaysian government is obstructing the fundamental human right of all individuals to freedom of expression and assembly. A series of arrests and charges began on 6 December, when 31 Hindraf supporters were charged with attempted murder, after a policeman suffered injuries, and have been refused bail. In addition, three leaders of Hindraf, P. Uthayakumar, P. Waya Moorthy, and Ganapathy Rao, have been charged under the Sedition Act for remarks made during a speech on 16 November, and with a letter posted on their website.
Nine human rights lawyers and activists were arrested on 9 December as they attempted to conduct a march commemorating Human Rights Day. The march which began at a large department store in Kuala Lumpur central market, was stopped halfway by a large police contingent. The lawyers were arrested and now face charges of illegal assembly and disobeying police orders to disperse. If convicted, they could face up to two and a half years imprisonment. Amnesty International also expresses concern over the arrest of seventeen members of Bersih who attempted to deliver a memorandum to opposition parliamentarians, on 11 December.
In putting its signature to the ASEAN charter on 21 November, Malaysia has committed itself to the 'promotion and protection of human rights' as stated explicitly in the Charter. Amnesty International urges the Malaysian Government to respect the fundamental rights of assembly and expression and to safeguard against arbitrary arrest and detention enshrined in the Malaysian Constitution and international human rights law. The organisation also calls on the Malaysian Government to ratify the ASEAN Charter without delay, and to give effect to the human rights principles contained within the Charter through the creation of an effective and independent regional human rights body.
Over recent years Amnesty International, along with the National Human Rights Commission (SUHAKAM) and the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, has called on the government of Malaysia to amend section 27 of the Police Act. The section stipulates that a police permit is required for public assemblies. Under the Police Act anyone participating in a demonstration can be arrested and detained for 'illegal assembly'. Amnesty International recommends that the Malaysian authorities implement the recommendations contained within the reports from SUHAKAM and the Royal Commission that also give guidance on police procedures during the dispersal of demonstrations and issuance of permits.
In light of the fact that more demonstrations are likely in the lead up to elections expected in 2008, Amnesty International urges the Government of Malaysia to respect the right to freeom of assembly and expression. The legitimate maintenance of public order must not be achieved through violating the rights of people who peacefully assemble and express their opinions.

Malaysia is silencing minorities, says HRW

An international human rights group called on Malaysia on Tuesday to release five ethnic Indian activists who have been detained without trial, and accused the Muslim Malay-dominated government of trying to silence a minority. New York-based Human Rights Watch said in a statement that Malaysia should immediately free the five leaders of the Hindu Rights Action Force, (Hindraf), who were arrested on Thursday under the Internal Security Act for alleged sedition and threatening national security.

The colonial-era ISA allows for detention without trial for an initial period of two years that can be extended indefinitely. Elaine Pearson, deputy Asia director at Human Rights Watch, said the arrests were "an attempt to frighten into silence a minority community concerned about its rights."

"The government must allow all voices to be heard, including those from marginalised communities like Hindraf who are seeking equal access to basic rights," Mr Elaine Pearson said.
The five activists had organised a demonstration in November where some 20,000 ethnic Indians participated to voice the community’s demand for equal rights.

The police used tear gas and water cannons to quell the protest, and charged 31 other people with attempted murder. The charge was dropped on Monday. Indians, who are at the bottom of the economic and social ladder, complain they face discrimination in education, job and business opportunities and their temples have been unfairly demolished.

Muslim Malays make up 60 per cent of Malaysia’s 27 million people and dominate the government. The government has denied that racial discrimination exists and has accused Hindraf of inciting racial hatred and unrest in this multiethnic country. Human Rights Watch and other rights groups have called on the government to abandon the Internal Security Act, last used against political dissent in 2001, and try those, mainly criminal and terrorist suspects, still held under the law. (AP)

Why were the charges dropped?

DAYS after invoking the controversial Internal Security Act (ISA) against five Hindraf (Hindu Rights Action Force) leaders in a show of might, Malaysia yesterday appeared to soften its stance when it dropped charges of attempted murder against 31 ethnic Indians for wounding a police officer during the group's protest at a Hindu temple last month.

The decision by Attorney-General (AG) Abdul Gani Patail was made three days after Prime Minister Abdullah Ahmad Badawi met 16 Indian non-governmental organisations (NGOs) to hear their grievances. While the NGOs welcomed the move, some political analysts saw it as a calculated attempt by the Prime Minister to give his reputation a boost following his decision to use the ISA against the Hindraf leaders. Six of the 31 were released unconditionally, while the other 25 were charged with mischief and illegal assembly. They pleaded guilty and were released on bail of RM500 ($220) each, ahead of sentencing scheduled for Dec 27.

The five Hindraf leaders remained in detention under the ISA. While they have avoided the maximum possible jail term of 20 years for attempted murder, the 25 still face up to five years in prison and/or a fine for mischief while taking part in an unlawful assembly, as well as a jail term of up to one year and/or a fine of not more than RM10,000 for illegal assembly, Mr Ravi Neeko, the chairman of the Bar Council Legal Aid Centre in Kuala Lumpur told Today. The sentences can run consecutively or concurrently. Bar Council president Ambiga Sreenevasan, while welcoming the AG's decision, said it was regrettable that the 31 had to spend about 15 days in prison. Underlining its belief that freedom of assembly is a constitutional right, the council had appointed 10 lawyers to represent the 31 individuals under its free legal aid scheme. They made a representation on Friday to the AG to have the charges reduced.

Bar Council vice-president and one of the members of the legal team, Mr Ragunath Kesavan, said the AG had "responded positively". Expressing joy over the development, Mr A Vaithilingam of Malaysian Hindu Sangam, the group that led the special meeting with Mr Abdullah, told Today: "To me, arresting people in a place of worship is not the right thing to do." At the meeting with the Indian NGOs on Friday, Mr Abdullah promised he would urge the AG to review the charges.

While acknowledging that the meeting was one of the factors that had affected the AG's decision, Mr Vaithilingam denied that there was a compromise between Mr Abdullah and the Indian NGOs over the charges. He said: "We only spoke to the Prime Minister. Everything else was between the Prime Minister and the AG." Mr Samy Vellu, the president of the Malaysian Indian Congress (MIC) – the main Indian party in the ruling Barisan Nasional - yesterday thanked Mr Abdullah and applauded the move to "lighten the burden of the families" of those imprisoned.

But Dr Ooi Kee Beng of the Institute of South-east Asian Studies said the reduced charges hinged more on the fact that the case "doesn't hold" in court. He told Today: "To prove that 31 people tried to kill a policeman, how do you do that? To prove that two persons tried to do so would already be difficult." Still, Dr Ooi said the move could be an attempt by Mr Abdullah to soften his political image. "Using the ISA damaged Mr Abdullah's reputation quite a bit," he said. "He might, over the next few days or weeks, try to appear merciful to tie in with his general reputation of being a soft, kind uncle."

In another development, two opposition leaders from Parti Keadilan Rakyat are suing the Malaysian government for RM4 million for "wrongful" arrest last Tuesday near Parliament House. Keadilan's information chief Tian Chua, 43, and its Kota Raja division information chief Abdul Razak, 46, have named Inspector-General of Police Musa Hassan and the government as defendants in a suit filed in the Kuala Lumpur High Court yesterday. They are also demanding compensation of RM20,000 for damage done to Mr Abdul Razak's car, as well as RM80 a day for the loss of use. "The suit is to preserve our good name and dignity," Mr Chua told reporters.

The two were among 26 individuals from Bersih - a coalition of five opposition groups and 67 NGOs seeking free and fair elections – arrested last Tuesday for defying an order against illegal assembly when they tried to submit a memorandum of protest against a Bill to raise the retirement age of election officials to Parliament.

I told PM the truth

As citizens of Malaysia, Indians have the right to enjoy equal opportunities and must not be treated like third-class citizens.

This was the crux of Malaysian Indian Business Association (Miba) president P Sivakumar's hard-hitting speech during the special meeting between Indian non-governmental organisations (NGOs) and Prime Minister Abdullah Ahmad Badawi last Friday."In the past, only the educated and middle-class Indians were unhappy about the difference in treatment. But over the last three years, every Indian in the country is unhappy and angry over the way we are treated," he said.Sivakumar told Malaysiakini yesterday that at the onset of his speech, he sought permission from Abdullah to speak without fear or favour and to tell him the truth.To this, he said, the premier replied: "Yes, please tell me the truth."Following this, Sivakumar continued: "As you (Abdullah) are aware, the communities in Malaysia are affluent and very much matured after 50 years of Independence.""The term bumiputera and non-bumiputera literally means 'son of the soil' and 'not son of the soil' (respectively). That means the Indian community was born where - in the sky?" he said, telling Malaysiakini that Abdullah tittered at this remark.

Sivakumar said in the past, the New Economic Policy (NEP) won the support of all three communities because it was initiated to address the socio-economic position of all races."So what is happening?" he asked the premier. "What (is) 40,000 Indians? You should have given the (police) permit, there would have been more than 300,000 Indians on that day," he added in reference to the Nov 25 rally organised by the Hindu Rights Action Force (Hindraf).The urban poorCiting the agriculture sector, Sivakumar said there more than 70 percent Indians were involved in this sector."When the policies changed, what measures did the government take to address the thousands of Indians chased and driven out of the estates, with nowhere to go, and no housing left," he added.The Miba president said this led to the emergence of urban poor, resulting in serious social problems like gangsterism."Indians killing each other for a living, who is to be blamed?" he asked."If only a Felda-type (scheme) had been extended to these Indians, with proper nurturing and with land given to develop small holdings and animal husbandry, they would have contributed well to the economy and even cut down our import bill, especially on dairy products. We need not depend so much on foreign workers," he said.On the issue of funding, Sivakumar pointed out that MIC recently held seminars by calling Agriculture and Agro-based Industries Minister Muhyiddin Yassin who promised the Indian community help and support."But what happened?

Let's take Johor for example, I personally followed up with the (state) Agriculture Department after Muhyiddin reminded the director to help the Indians. "Nothing, not a single ringgit was given to the Indians," said the Johor-based businessman."Let's take other funding agencies, like MIDF, SMIDEC and SME. Yes, all (of them) like to hold seminars, (produce) good paper work. But nothing for the Indians," he added.

No help extendedAs for privatisation, Sivakumar once again cited the situation in Johor. He said the state government identified 43 projects. "The community was offered only one project, only to be retracted after two weeks. Why?" Apart from this, the Miba president also reminded the premier that the latter had pumped RM100 million into a fund to help single mothers embark on business ventures."I checked with them (the fund), nothing was extended to Indian single mothers in Johor," he said.Turning to the construction sector, Sivakumar said: "You (Abdullah) had offered 30,000 jobs, (but) when a group of Indians went to apply for tender, they were told to leave because it was only for bumiputeras."They had to leave the place with shame and tears. Is this fair? Aren't they citizens (too)?" he added.Moving to the civil service, Sivakumar quoted Abdullah as saying that Indians make up five percent of the civil service."But our population is nine percent, what about the balance four percent? At least, place Indians where help is needed. For example, EPF in JB (Johor Baru), only one Indian, Socso none, post office none," he said.The Miba president also highlighted that the scrap metal business, which involves many Indian businessman, is now under threat of licences not being renewed."Who will take care of their families and children if they cannot perform?" he asked.Three-percent equityOn the Ninth Malaysia Plan (9MP), Sivakumar noted that it has been three years since Abdullah announced the three percent equity target for Indians."What are the steps and measures that you have initiated, please tell us. Even now, it is not too late, we have initiated an independent co-op for the community without any political group’s control. PM can help by funding this."I have even given (MIC president) S Samy Vellu a project paper on where Indians can go into - bio-tech business as a self-help programme. Why not help us because the Indians need the government's help. The Indians need opportunities," he said

Sivakumar also highlighted the issue of temple demolitions and asked for temples constructed before Merdeka not to be demolished.On that note, he also urged Abdullah to review the detention of five Hindraf leaders under the Internal Security Act (ISA) and called for them to be charged in court.He also called for the release of the 31 people charged for the attempted murder of a policeman in connection with the Hindraf rally. Yesterday, Attorney-General Abdul Gani Patail withdrew the charge.Sivakumar told Malaysiakini that he wrapped up his speech by apologising to Abdullah if he had offended the latter with his remarks.According to him, the premier replied: "Not at all, Thank you for telling me the truth."The special meeting between the NGos and the prime minister was called following widespread debates on the allega

Thank you, says MIC

MIC today thanked the government for dropping the attempted murder charge against 31 Indians who were arrested for illegal gathering at Batu Caves on Nov 25. In a Bernama report, MIC president S Samy Vellu said the government under the leadership of Prime Minister Abdullah Ahmad Badawi was sympathetic to the plight of the detainees’ families and instructed Attorney-General Abdul Gani Patail to consider their appeals. MIC appreciates the government’s efforts to alleviate the families’ burden and for displaying care and concern for all races, he added.

Samy Vellu also said he was happy that the court had freed several suspects from all charges while the rest have been released on bail. “The Barisan Nasional government has been sympathetic to the sufferings and sadness of the families and wants to see the detainees return to society to continue living as law-abiding and responsible citizens. “MIC will continue to champion the interests of the Indian community to ensure a bright future for them,” he added.

The Nov 25 rally, organised by the Hindu Rights Action Force (Hindraf), saw some 30,000 Indians taking to the streets. The 31 were accused of attempting to murder a policeman. Five Hindraf leaders have since been detained under the Internal Security Act (ISA). Police keeping tabs In a related development, Deputy Internal Security Minister Mohd Johari Baharom said the police, in collaboration with international law enforcement agencies, will continue to monitor the overseas activities Hindraf. He said the agencies were the European Law Enforcement Organisation (Europol), Asean police (Aseanapol) and Interpol. Commenting on reports of attempts by Hindraf chairperson P Waytha Moorthy, to garner support abroad, he said: They are not only monitoring the group, but everything." He said the Malaysian police's good ties with international law enforcement agencies would enable the force to obtain more information on crime activities abroad.

Special meet: Hindu Sangam bares it all to PM

Prime Minister Abdullah Ahmad Badawi was told to focus on the issues affecting the Indian community rather than attacking supporters of the Hindu Rights Action Force (Hindraf). This was among the points driven home by Malaysian Hindu Sangam (MHS) president A Vaithilingam during the special meeting between Indian non-governmental organisations and the premier on Friday.

Vaithilingam also pointed out that the large turnout at the Nov 25 rally organised by Hindraf proved that the Indian community is facing serious problems. In a statement today, MHS general secretary Dr K Balakrishnan quoted Vaithilingam as saying in his speech during the meet: “Hindraf is the result of many serious issues including the M Moorthy case and a series of cases where Hindu bodies were buried by Islamic departments as well as the unnecessary cruel demolitions of several Hindu temples.” He said the huge response to the rally was probably the result of many social problems faced by the Indian community especially when urbanisation brought the community out of rural areas.

Balakrishnan said the MHS president had appealed to the prime minister to consider these issues rather than hitting out at Hindraf supporters. Reconsider ISA Apart from this, Vaithilingam also appealed to the prime minister to seriously consider the release of the five Hindraf leaders held under the Internal Security Act and for them to be charged in court. “Holding them under ISA is improper of a democratic country and will affect the country's image,” he was quoted as saying. Vaithilingam also urged the prime minister to reconsider the attempted murder charge against the 31 persons held without bail as many of them were merely bystanders at Batu Caves. "MHS finds it difficult to believe that these people had intentions to murder and is pleased that the prime minister said he would speak to the attorney-general." The attempted murder charge against the 31 were dropped this morning. Meanwhile, Balakrishnan said Vaithilingam also called on the prime minister to stop all temple demolitions and to recognise all temples as official temples. He also urged the prime minister to look into laws which do not protect wives of men who convert to Islam. He requested that the prime minister asks the attorney-general to consider these issues which have been going on for too long without any proper results.
Non-Malay staffVaithilingam also asked for more non-Malay staff to be employed in all government departments, noting that when he entered the Prime Minister's Department to attend the meeting, almost all the staff there were of one race only. Balakrishnan said Vaithilingam has been approached by numerous Indian-based NGOs to bring up problems of the Indian community with the prime minister. He agreed to be the coordinator of a memorandum to be submitted to the prime minister for consideration in a few weeks. It initially started off with 48 Indian-based NGOs but as of today it has risen to more than 70 NGOs, said Balakrishnan. The MHS president has also expressed hope that all the NGOs cooperate with the prime minister in implementing projects to uplift the community's standard of living. He has also stressed the need for national unity amongst people of different races and religions, said Balakrishnan.

Charges Dropped

KUALA LUMPUR, Malaysia (AP):

Malaysian prosecutors dropped attempted murder charges against 31 ethnic Indians Monday, a move likely to soothe the minority community, chafing over complaints of racial discrimination in this Muslim-majority country.
They were produced in court where prosecutors said all charges are being abandoned against five of them. Prosecutors also dropped an attempted murder charge _ punishable by life in prison _ against the remaining 26. In exchange they pleaded guilty to causing mischief during a disturbance, which is punishable by up to five years in jail
The 31 were arrested on Nov. 25 when more than 20,000 ethnic Indians demonstrated in the streets in an unprecedented public show of anger in defiance of a government ban. They were charged with attempted murder for a non life-threatening head injury to one policeman, provoking an international outcry.

Charge them in court: Indian groups tell PM at special meet

The five Hindu Rights Action Force (Hindraf) leaders detained under the Internal Security Act (ISA) should be charged in court instead.This was the appeal made by the Indian non-governmental organisations and community leaders who met with Prime Minister Abdullah Ahmad Badawi in Putrajaya this morning.The closed-door meeting, which lasted for more than two hours, started at about 10.20am.

Also present was MIC president S Samy Vellu.According to a source, who was at the meeting, the premier started off with the Hindraf topic."We unanimously appealed to him to review the use of ISA and charge those arrested in an open court," he told Malaysiakini. "This will also help safeguard the country’s image," he added.Also raised was the case of the 31 Hindraf supporters charged with attempted murder and are currently in jail after being denied bail."We told him that innocent people are also part of that group and the prime minister promised to look into it," he said.

The 31 were arrested in connection with the Nov 25 rally organised by Hindraf in Kuala Lumpur which saw some 30,000 people taking to the streets. It is believed that the attempted murder charged may be dropped, and replaced with the unlawful assembly charge.Yesterday, the police arrested Hindraf’s legal advisers P Uthayakumar, M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar under the ISA.

Earlier, Abdullah had accused the movement, which in return had accused the government of marginalising Indians and subjecting them to ethnic cleansing, of attempting to destroy the country.Samy's presence 'uncomfortable'Meanwhile, the source said the meeting with Abdullah was "fruitful". "The premier did give us his big ears, and a lot of issues were discussed."However, he lamented that some of those present did not make an effort to contribute effectively to the discussion."Getting a platform to air our grouses to the prime minister is something difficult, and to be there without saying much is disappointing. There should have been a more effective representation," he said. He also did not discount the possibility that the presence of Samy Vellu could have deterred some individuals from voicing out their opinions. "It was uncomfortable," he said, adding that the MIC president was there as an observer.He did not say anything during the discussion but just took down notes, said the source.

Other issues discussed include the socio-economic status of the Indian community and how the government's delivery system is not trickling down to the grassroots.The prime minister was also told to look into the self-help programmes designed for the upliftment of the Indian community.'

MIC becoming irrelevant'

Meanwhile, another source said some of those present at the meeting had praised the MIC and its veteran president."The government must stop turning to MIC in wanting to tackle the problems faced by the Indian community. The party is becoming increasingly irrelevant," he claimed."A lot of disgruntled MIC members have joined PPP and now you have KS Nallakaruppan having started a new party (Malaysian Indian United Party)," he added.The source said Samy Vellu’s presence must have dissuaded some of those present from airing their points in a frank and open manner. "They would have to face him later on," he noted.

Yesterday, Malaysiakini reported that the effectiveness of the meeting had come under scrutiny as the more critical voices in the community were not invited.Those present at the meeting were the National Land Cooperative Society Limited (NLFCS), the Malaysian Hindu Sangam, Hindu Youth Organisation, Malaysian Indian Chambers of Commerce and Industry, Tamil Youth Bell Club, Malaysian Indian Youth Council, Malaysian Indian Business Association, Hindu Dharmam Mahamandram, National Union of Plantation Workers (NUPW), human rights commissioner N Siva Subramaniam and economist Dr R Thillainathan.

14/12: US demands due process for arrested Malaysian activists

The United States demanded Thursday that Malaysia provide fair treatment to five leaders of a rights group held under a security law that allows for indefinite detention without trial.The five from the Hindu Rights Action Force (Hindraf), pushing for an end to discrimination of ethnic Indians in multi-racial Malaysia, were picked up Thursday and ordered held under the feared Internal Security Act (ISA).

"Our expectation as a government is that these individuals would be provided the full protections under Malaysian law, that they would be given due process, that they would be accorded all the rights accorded to any other citizen, and that this be done in a speedy and transparent manner," State Department spokesman Sean McCormack said.Hindraf enraged the government of Prime Minister Abdullah Ahmad Badawi last month by mustering at least 8,000 people to the streets of Kuala Lumpur to highlight various issues facing ethnic Indians, including lack of economic opportunities and destruction of Hindu temples.Police used tear gas, water cannons and baton charges to break up the protests.

"It is our firm position that those individuals who want to peacefully express themselves in a political forum or any other forum should be allowed to do so," McCormack told reporters.Human rights groups have campaigned for the abolition of the ISA, a law that they say has been abused by the authorities.The ISA is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.Human Rights Watch, a US group, said the arrest was "outrageous.""We have said over and over again that the ISA should be abolished and there is no room for holding people, never mind indefinitely, without charge and trial," said Mickey Spiegel, the group's Asia division senior researcher.

The Malaysian government, led by ethnic Muslim Malays since independence, has always used deadly race riots in 1969 as a reason for controls on freedom, even though some groups believe that after 50 years of independence, Malaysians are matured enough to discuss their grievances openly."Malaysian authorities are obligated, like any sovereign countries' government, to balance the need for public order with equally important need for robust and free debate of issues important to Malaysian citizens," a State Department official said."It is our hope that the Malaysia government will allow the freest possible debate," said the official, speaking on condition of anonymity.

The Becket Fund for Religious Liberty, a US non-profit law firm that helps defend freedom of all religions, charged that the destruction of Hindu temples -- some built before the start of the British colonial period almost two centuries ago -- could be an attempt to erase Hindu heritage in Malaysia.

Hindraf claimed one temple was being demolished every three weeks."What I have heard from people is really that in destroying these temples, they are trying to destroy evidence of how long the Hindu faith has been a part of Malaysia, particularly in the context of advancing Islamisation and of the equation of Islam with nationalism in Malaysia," said Angela Wu, the Fund's international law director.Hindraf has filed a four trillion dollar lawsuit against Britain for alleged atrocities suffered by Indians whose forefathers were brought as indentured laborers to Malaysia during colonial rule. — AFP

Remain calm, Waytha tells supporters

Source : MalaysiaKini

Hindu Rights Action Force chairperson P Waythamoorthy today urged the movement’s supporters to remain calm in the face of the police swoop on five key leaders which aimed to cripple the movement.“Don’t get emotional. Let’s remain calm and continue with our struggle,” said Waythamoorthy who contacted Malaysiakini from London.

He is presently in that city to rally international support for the movement which wants the Malaysian government to stop marginalising the Indian community.His absence from Malaysia prevented him from being arrested under the Internal Security Act today. Five other Hindraf leaders, including Waythamoorthy’s brother

Uthayakumar, were detained under the tough security law todayThe five have been immediately sent to the Kamunting detention centre in Taiping, Perak, on a two-year detention without trial.“Let not anyone tell you that Hindraf is without leadership as a result of the police act today,” said Waythamoorthy, who is expected to take the helm from his detained elder brother.He added that he would continue to lead Hindraf from London to achieve their aims in bettering the plight of the Indian community“I will be issuing statements from here and will be in touch with others in Malaysia on our next step,” he said.

Protect our struggleHe also warned his supporters not to allow any political parties to hijack the movement’s struggle.“We will remain apolitical though we are politically sensitive,” said the 41-year-old lawyer.“I know there will be political parties who will try to move in after the arrest of the five key leaders today. My message to our supporters is not to let them hijack our struggle.”He added that he would be calling for a tele-conference press meeting tomorrow at Uthayakumar’s office to explain Hindraf’s next move.“Till then, please remain calm and if you want to do anything, just offer prayers for us,” he said.

Earlier today the police arrested lawyers Uthayakumar, M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar under the dreaded ISA for allegedly being a national threat.

Uthayakumar, in his last message through a video recording which he gave to Malaysiakini, also asked Hindraf supporters to continue their “just struggle”.

Hindraf Leaders Arrested under ISA - Source Reuters

Reuters) - Malaysia invoked a tough internal-security law on Thursday to indefinitely detain five ethnic Indian activists from a group that had staged a mass anti-government protest last month. A police official, who declined to be named, said the five belonged to the Hindu Rights Action Force (Hindraf), which stunned the government by bringing more than 10,000 ethnic Indians onto the streets to complain of racial discrimination.One of those detained on Thursday was a Hindraf leader, lawyer P. Uthayakumar, who had already been charged with sedition for alleging that Malaysia practiced "ethnic cleansing" of Indians, which make up about 7 percent of the population."They said they were arresting him under the ISA (Internal Security Act), but they didn't say where they were taking him," said Shantha, who answered Uthayakumar's mobile phone after news of the detentions and said she was his secretary.
She gave the names of three other detainees as M. Manoharan, V. Ganapatirau and T. Vasanthakumar. She said she was not aware of a fifth detainee, though the Hindraf Web site gave the fifth name as K. Kengadharan, also a lawyer.Prime Minister Abdullah Ahmad Badawi, who came to power four years ago promising a more transparent and open government, had said this week he would have no trouble signing a detention order to ensure public security and national stability.
The Hindraf rally was one of two mass protests last month. A separate crowd of around 10,000 people had also turned out on the streets of the capital early last month to demand fairer elections, amid expectations of a snap poll by March next year.The opposition has accused Abdullah of using public order as an excuse to crack down on peaceful dissent."We condemn these arrests," said Lim Guan Eng, head of the opposition Democratic Action Party."It is a desperate act of last resort and if the government has any evidence, it should charge them in an open court."We urge the government to seek national reconciliation, not confrontation with disaffected, marginalized and dispossessed Malaysians."

5 Hindraf leaders arrested under ISA

breaking news Among those arrested are Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan, V Ganabatirau and organising secretary T Vasanthakumar

Another Hindraf lawyer arrested

Source - Malaysakini

Hindu Rights Action Force lawyer R Kenghadharan have been arrested by the police this afternoon. It is not immediately known as to why he was arrested.According to another Hindraf lawyer M Manoharan, Kenghadharan was arrested at his office in Petaling Jaya by a team of police from Bukit Aman.“We don’t know why he is being arrested,” said Manoharan, adding that he was on his way to the police headquarters to find out more.The police have been targeting Hindraf lawyers in the past few weeks.

The crackdown on Hindraf lawyers started with the arrest of the group’s chairperson P Waythamoorthy, legal adviser P Uthayakumar and another lawyer V Ganabatirau on Nov 23. They were then charged with sedition in Klang.And then Uthayakumar was arrested and charged another count of sedition in Kuala Lumpur. He was also arrested and kept overnight in remand before being released yesterday. Both Waythamoorthy and Ganabatirau too have been rearrested in the past week and released after being held for some hours.Hindraf has come under the police radar after organising nationwide talks in which they are alleged to have made seditious speeches in relation to the marginalisation of the Indian community in this country.On Nov 25, Hindraf organised a mass rally in Kuala Lumpur which attracted some 30,000 people, The police used water cannons and tear gas to disperse the crowd.

Thirty one of the protesters have been charged with attempted murder and causing mischief with some of them also facing a third charge of illegal assembly.Kenghadharan had been active in defending these protesters in court. He is also in the team of lawyers who defended Uthayakumar in the sedition charges.Meanwhile Uthayakumar said that he expects another round of police arrest against Hindraf leaders and lawyers.

After 'missing' for 24 hrs, Uthayakumar is freed

Source : MalaysiaKini
Today - exactly 24 hours after he was arrested yesterday.“They kept me for the full maximum period allowed by the law but took no steps to charge me,” he told Malaysiakini.Uthayakumar was arrested yesterday at the Kuala Lumpur court complex as soon as he had posted RM50,000 bail in relation to his sedition charge.

The arrest yesterday was due to an allegedly seditious statement made by him regarding the arrest and of 31 people at Batu Caves on Nov 25 for attempted murder, he said. Uthayakumar was kept overnight at the Kuala Lumpur remand centre in the old Pudu prison.His lawyers and the media had been waiting at the Jalan Duta courts since early morning today for him to be brought to face fresh charges as alluded by the prosecution in their case yesterday.However, news got out at about 5pm that the lawyer has been released without being charged. A small crowd of about 100 gathered outside the remand centre to welcome Uthayakumar, with a about 30 policemen keeping watch about 10 meters away.Several of his supporters, some with tears in their eyes, came to hug him or shake his hand while he was feted with flower petals. One admirer bent to kiss his feet, as others chanted “Long live Uthaya!”Speaking the truthAt the press conference held at the entrance of the remand centre,

Uthayakumar said the repeated sedition charges to which he has been subjected to will not deter him from “speaking the truth” to power.“They say it is sedition. To me, it is the truth, and as long as it is the truth, I will continue speaking it,” he said.“You can lay 10 sedition charges against me. I will (continue to) speak the truth,” he added.He also blasted Prime Minister Abdullah Ahmad Badawi, Attorney-General Abdul Gani Patail and Inspector-General of Police Musa Hassan for ‘needlessly’ detaining him overnight.Uthayakumar also said although he was not physically assaulted during his overnight detention, the ordeal nevertheless amounted to ‘torture’.

“Just to punish me, the AG and the Badawi government put me inside (jail) and released me just about 5pm, before 24-hour deadline came up,” he said.“Last night, they did not release me, but chose to ‘torture’ me by detaining me overnight,” he added.Hand injuryHis lawyer M Manoharan said that Uthayakumar’s release was due to the “fear” the authorities had of his supporters.“They must have been frightened of the supporters (who had gathered at remand centre last night) that they released him,” he claimed.According to Uthayakumar, he refused to answer any questions the police posed to him during interrogation regarding the statement he made about the arrests at Batu Caves.“I told them, ‘You are the criminals. I cannot answer your questions full stop.

I will give my statement in court and to the (yet to formed) IPCMC (Independent Police Complaints and Misconduct Commission),” he said to a cheering crowd.Uthayakumar also said he had filed a police report against the police officer who arrested him yesterday at the Jalan Duta Court Complex.Showing the ‘injury’ he sustained when he was handcuffed and pulled to the police van which brought him to the remand centre, he said the police’ initial plan to take him to the hospital for treatment had to be called off because of the sight of his supporters waiting for him on the road outside. “They have a guilty conscience. They know what they’re doing is wrong (that) they’re so frightened of the people,” he said.The crowd walked from the remand centre to a nearby temple for prayers before dispersing peacefully.

Police raid lawyer's office again

Source :

The police today raided Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar’s legal firm in Bangsar "to look for seditious material" to assist their investigation into an alleged sedition case.A nine-member police delegation led by ASP Reezaime Abdul Hamid arrived at Uthayakumar’s office at about 3pm and produced a search warrant before beginning their search.

Uthayakumar is currently under police custody, ostensibly being investigated for sedition.According to Uthayakumar’s staff, the raiding party from the Dang Wangi district headquarters is planning to seize computers and other documents. It also brought in the cyber forensic team to extract data from the computer hard-drive.This is the second police raid on Uthayakumar’s office over the past month. On Nov 19 a Dang Wangi police team raided the office to look for a publication entitled '50 Years of Violation of the Federal Constitution by the Malaysian Government'.

The 41-page booklet gives a detailed account of issues discussed by the Reid Commission at every meeting and memoranda submitted by various organisations in the run-up to the framing of the Federal Constitution.The police officers spent about an hour at Uthayakumar's office then before leaving at about 4.30pm without seizing anything on that occasion.Uthayakumar faces two sedition charges - one in Klang for allegedly making a seditious speech during a Hindraf function and another in Kuala Lumpur for allegedly writing a seditious letter.It is learnt that he may face a third sedition charge soon.

Uthayakumar arrested, freed on bail, and rearrested

SOURCE - MalaysiaKini

Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar was rearrested at the lobby of the Kuala Lumpur court house at Jalan Duta as soon as he had posted RM50,000 bail for a sedition charge which was filed against him earlier today.Lawyer M Manoharan told Malaysiakini that Uthayakumar was being taken to the Cheras police contingent headquarters (IPK Cheras).“The police officers said they were rearresting Uthayakumar under orders from the Inspector General of Police (Musa Hassan).“It is most probably for another sedition charge,” he briefly said.





This morning the social activist was arrested and immediately charged with sedition at the Jalan Duta Sessions Court. He was accused of publishing seditious material in a letter written between Nov 15 and Dec 8 and posted in the Police Watch website.
The letter, dated Nov 15, 2007, was from Hindraf and addressed to Prime Minister Gordon Brown of the United Kingdom at No. 10, Downing Street, London.



Held at PuduLater when contacted, Uthayakumar said that he was being detained at the Kuala Lumpur remand centre at the old Pudu jail.“They told me that they want to take a statement from me. I was told that I would be brought to the Cheras IPK.“However since I am here, I think I am about to be detained overnight to face fresh charge tomorrow,” he said.He added that he was not told as to why he was arrested and but thinks he might face another sedition charge.He also said he was unhappy with the “brute” manner the police used to arrest him, causing injury to his hand.



"I am asking them to allow me to lodge a police report against the manner they arrested me," he said, adding that he was mentally prepared to face "anything".About 300 supporters have gathered ourside Pudu jail this evening and held a candlelight vigil. The police have not allowed lawyers to meet with Uthayakumar.Sedition charge in KlangThis morning Uthayakumar was charged under Section 4(1)(c) of the Sedition Act 1948 which carries a maximum punishment of not exceeding RM5,000 or to imprisonment for a term not exceeding three years, or to both.





The jail term will increase to a maximum period of five years for a subsequent offence.Uthayakumar claimed trial and Sessions Judge Sabariah Othman set bail at RM50,000 with one surety, which was immediately posted by a relative of Uthayakumar. He also faces another sedition charge in Klang over a speech made during a Hindraf gathering in Batang Berjuntai on Nov 16.

Bersih Rally - In Parlime This morning

Oleh HermanSamsudeen

Kuala Lumpur : Beberapa pimpinan utama PAS dan KeAdilan telah ditahan ketika cuba menghantar memorandum bantahan terhadap cadangan meminda Perlembagaan untuk melanjutkan umur persaraan anggota-anggota SPR dari usia 65 ke 66 bagi membolehkan Rashid terus berkhidmat.

Seramai 200 orang Polis berkubu dan mengadakan sekatan di hadapan Parlimen. Kelihatan juga beberapa sekatan lain turut dilakukan dijalan-jalan masuk menuju ke Jalan Parlimen. Orang ramai tidak dibenarkan memasuki kawasan Parlimen yang diistiharkan sebagai Kawasan Larang melalui perintah mahkamah.

Jumlah peserta yang sempat berkumpul dipintu masuk hanya sekitar 30 orang.

Operasi penangkapan bermula dengan Ketua Penerangan KeADILan, Tian Chua bersama pemandunya dan Aktivis SUARAM, Arulchelvan pada pukul 10.30pagi.

Seterusnya, Bendahari PAS Pusat, Dr Hatta Ramli; Ketua Muslimat PAS, Ustazah Nuridah Salleh, Timbalan Ketua Pemuda PAS Pusat, Ustaz Nasruddin Tantawi, Dr Lo’ Lo Haji Ghazali, Dr Mat Nasir dan beberapa lagi aktivis turut ditangkap oleh pihak polis pada pukul 11pagi tadi.

Dato’ Khalid Jaafar yang datang pada pukul 11.15 pagi tadi turut menjadi mangsa tangkapan.
Ust. Nuridah ketika dihubungi, memaklumkan bahawa seramai 15 orang telah ditahan termasuklah seorang remaja berumur 13 tahun.

Setakat ini pihak Polis telah mengambil keterangan mereka. Pihak peguam masih berunding dengan pihak polis untuk membebaskan mereka dengan seberapa segera.
Tangkapan ini adalah kesinambungan dari penangkapan yang dibuat ke atas Mat Sabu pada Ahad lepas.

US Tells Malaysia : Freedom of Expressions

AFP) - - The United States on Monday called on Malaysia to allow freedom of expression and assembly as the government of Prime Minister Abdullah Ahmad Badawi widened its crackdown on dissent."We have repeatedly raised with Malaysian authorities our belief that citizens of any country should be allowed to peacefully assemble and express their views," department spokeswoman Nancy Beck told AFP.

"We also stated in our annual human rights report our belief that the Malaysian government places significant restrictions on the right to assemble peacefully," she said.Police permits are required under Malaysia law for public assemblies, defined as a gathering of five or more persons, but the State Department's rights report says senior police officials and political leaders influenced decisions on granting or denying some permits.It said "a more restrictive policy" was applied with government critics, opposition parties, and human rights activists.

Beck's remarks on Monday came after Kuala Lumpur widened a crackdown on dissent following two mass rallies last month, with three legal actions taken Monday that rights groups and opposition leaders condemned as anti-democratic.Ahead of elections, dozens of Malaysian government critics have been rounded up and now face trial on counts including attempted murder and sedition.Abdullah has threatened to invoke draconian internal security laws that allow detention without trial, citing past racial violence in the multicultural nation dominated by Muslim Malays as reason for restricting street protests."If the choice is between public safety and public freedom, I do not hesitate to say here that public safety will always win," he said in Kuala Lumpur on Monday.

The United States often hails Malaysia as a moderate Muslim democracy but the image took a knock when a series of indiscriminate destruction of Hindu temples were highlighted by some groups recently.A US Congress-appointed commission expressed concern last week at the destruction of the temples and other alleged discrimination faced by religious minorities in Malaysia, one of Southeast Asia's more developed economies.The United States Commission on International Religious Freedom also urged the administration of President George W. Bush to raise the matter with Kuala Lumpur and "insist that immediate measures be taken to protect sacred sites and prevent further destruction.

"The government, which cracked down on two mass rallies last month, took three separate legal actions Monday that rights groups and opposition leaders condemned as anti-democratic.Among them was a revival of sedition charges against three leaders of ethnic Indian rights group Hindraf, which organised a November anti-discrimination protest that drew 8,000 people.

The court had earlier allowed them to walk free on the charges, which carry a penalty of three years in jail.Lawyers and their supporters were also charged in connection with a human rights march that they mounted in Kuala Lumpur on Sunday which was broken up by police.Another prominent lawyer, Edmund Bon, was also charged with obstructing a city official who tried to remove protest banners from Malaysia's Bar Council building.Twelve opposition figures were rounded up over the weekend in connection with an electoral reform rally last month which drew nearly 30,000 people who police dispersed with tear gas and water cannons.

RACIAL DISCORD

Minority Chinese and Indian communities are disenchanted with economic policies that favour the Malays...

By Andy Mukherjee Deccan Herald

For a country that abhors public protests and suppresses them with strict rules against illegal assembly, Malaysia has had several big demonstrations in Kuala Lumpur in the recent past. Street rallies may also be a sign that the 50-year-old code defining the rules of engagement between the state and the three main ethnic groups—the “social contract” of Malaysia—is fraying.

The biggest source of discontent is race, a four-letter word in a country where three-fifths of the 27 million people are Malays, about a quarter of the population is Chinese and 10 per cent is Indian. Minority Chinese and Indian communities are disenchanted with economic policies that favour the Malays.And while privileges granted to the Malay Bumiputeras (son of the soil) can’t be taken away abruptly, the case for separating entitlements from racial identity is building.To make Malaysia attractive to foreign investors, Prime Minister Abdullah Ahmad Badawi has already shown a willingness.

The government has said that companies setting up tourism or logistics businesses in the Iskandar Development region of Johor won’t need to comply with a rule requiring foreign companies to have at least 30 per cent ethnic Malay ownership.Investments and tradeThis is a welcome step because Malaysia received just $6 billion of foreign direct investment last year. Thailand got $10 billion and India received $17 billion. Ending preferential treatment for Malays in lucrative government contracts is going to be more problematic. Free-trade talks with the US and Australia have been delayed and the ones with New Zealand have had to be suspended primarily because Malaysia’s policy of discouraging non-Malays, including foreigners, from bidding on government tenders is unacceptable to these countries.

The Federation of Malaya’s 1957 constitution recognised that the indigenous Malay community needed special help to improve their abject economic standing. Following bloody race riots in 1969, the new economic policy of 1970 made it an avowed goal of state policy to lift the share of corporate ownership for the Bumiputeras to 30 per cent, from just two per cent. There was an uproar last year when a Malaysian economist argued in a study that the goal may already have been more than met and it was time to dismantle economic policies based on race. The political rhetoric is still staunchly against any such dilution of affirmative action. However, the economic reality is different. Malaysia’s annual per-capita income has jumped an impressive 26-fold in the past 50 years to 20,900 ringgit ($6,200). But the decades of sustained, rapid growth in prosperity are now history. The rise of China and India is forcing Malaysia to discover new sources of competitiveness; the policy of race-based discrimination is increasingly untenable.

Education issues

The area where Malaysia has paid the heaviest price is education. In the 1980s, government policy reduced national schools to “Malay enclaves,” in the words of University of Sydney political scientist Lily Zubaidah Rahim; as a result, the Chinese opted out in large numbers. While ethnic quotas in higher education were removed in 2002, university entrance norms for non-Malays are still significantly tougher. Talent that Malaysia badly needs to build a knowledge-driven economy is forced to migrate.

Recent protests called for an improvement in the electoral process so that the next polls are free and fair. But another rally, organised by The Hindu Rights Action Force, had an overt racial tone. It is suing the British government for not protecting the rights of the minority Indian community at the time of independence. The real purpose of the protesters is, of course, to draw attention to the unfairness of the 1957 constitutional arrangement and to show that the Malays aren’t the only underclass in Malaysia.The Tamil-speaking Malaysians are rather poor as a community. A renegotiation of the Malaysian social contract so that entitlements are realigned with real economic needs will be a slow, challenging process, though nothing short of it can really heal the wounds festering for half a century.Sources: Bloomberg News

Hindu Rights Action Force of Malaysia totally denies any truck with LTTE

Penang, 10 December, (Asiantribune.com): P.Uthyakumar, legal adviser, Hindu Rights Action Force of Malaysia (HINDRAF) denied any truck with Liberation Tigers of Tamil Eelam, a separatist Tamil outfit from Sri Lanka. He said that the terrorism allegation was leveled against them to lay a foundation to detain without trial of

the HANDIRAF leaders under the Draconian Internal Security Act to charges for other criminal offenses and deny us bail like the 31 because we are suppose to be terrorists and a threat to National Security.
Leaders of Malaysian rights group HINDRAF, which last month organized mass anti-discrimination protests that were broken up with tear gas and water cannons have already been slapped with sedition charges. The Malaysian authorities have accused these ethnic Indian activists of having links with Sri Lanka's Tigers; a charge the campaigners said could see them detained under internal security laws.

P.Uthyakumar said that Hindu Rights Action Force of Malaysia (HINDRAF) is a coalition of 30 Hindu Non-Governmental organizations committed to the preservation of Hindu community rights and heritage in Malaysia. He added there is another reason for the government to level such charges, because they think that we have managed to convince and made inroads with India, European, British and the American Governments about the atrocity in Malaysia against the Indians, so that we no longer enjoy their support of the international community and therefore the allegation of terrorism is thrown in.

He added, also general elections are around the corner and they are trying to play to the Malay Muslims majority political gallery that they have punished the Indians and the Malay Muslims must get together. Basically they are playing racial politics you know.

Uthayakumar pointed out that Malaysian Tamil Minister Sami Velu is a proxy of the UMNO led Government. In exchange for the salary, the royal awards and also some Government contracts he may gets, his job is to cheat the Indian community. His full time job is to cheat the Indian community and short change the Indians.

Given below the excerpts of the interview with P.Uthayakumar legal advisor and one of the leaders of Hindu Rights Action Force, of Malaysia (HINDRAF):

Asian Tribune: initially a general question, tell us what is happening now?

P. Uthyakumar: What is happening is our HINDRAF leaders and supporters, you may know, a total of 31 people are being arrested and detained before trial and they were charged for attempted murder when they actually went to the temple, the Malaysians holiest shrine for praying. They were fired at with tear gas and water cannon, and they were hit with baton. Look at the charge very carefully - 31 people were arrested and charged with attempted murder of one riot police man, who was in the group of 500 policeman.

How can 31 people attempt to murder one policeman? It does not make any sense. But Attorney-General came personally to the session’s court and he participated and he made sure that bail was not granted for them, because they said these people are all violent, they are threat to National Security and he denied bail to all 31 of them, just to punish them. Whereas before that there were 9 other peaceful assembly, which was attended by mainly Malay Muslims but they did not remand or charge anybody and did not deny bail to any of them.

So this seems to be a racist and vindictive prosecution and malicious prosecution. Ours is a truthful struggle, we are asking for the United Malay National Organization (UMNO - Malaysia's ruling political party), led Government to ‘Stop Racisms against Indians’, ‘Stop the Marginalization against Indians. and to ‘Stop the Permanent Colonialization of the Indians. ‘

Even after the British has left the Indians in Malaysia still are colonized by the Malay Muslims.

Asian Tribune: What happened today?

P. Uthyakumar: Today we had prayers in Butterworth, located about 450 kilometer north of Kula Lampur in the Mari Amman temple at 11:00 AM and in Penang Island at Sri Krishna Bahavan temple at 6:00 PM. In our special prayers, we asked for the release of the 31 people on bail and we prayed for them that they should be released immediately. As a matter of symbolism, both in Butterworth, as well as in Penang Temples, we released 31 pigeons to symbolize their freedom. That is what happened today.

Asian Tribune: What about Sami Velu, the Tamil Minister’s position regarding this issue?

P. Uthyakumar: Sami Velu is a proxy of the UMNO led Government. In exchange for the salary, the royal awards and also some Government contracts he may gets, his job is to cheat the Indian community. His full time job is to cheat the Indian community and short change the Indians.

Asian Tribune: Is Sami Velu a Hindu?

P. Uthyakumar: He is the only Hindu Indian Minister in the Cabinet, but he has got no power. He has got zero power in the Cabinet. He is only a Mandore (in our language it is called supervisor) with the UMNO party. So he has got no power he cannot do anything, he is the Mandore the supervisor for the UMNO party.

Asian Tribune: There are allegations that you are working hand in hand with LTTE?

P. Uthyakumar: You see yesterday, I have lodged a police report against the Prime Minister, Attorney General, Law Minister and the Inspector General of Police, challenging them to produce the evidence and make it public in a press conference attended by the local and the foreign media within 24 hours of 3 PM yesterday. (The full text of his police report is given at the end of this interview)

Failing which, I will presume that the allegation is baseless and made only for political purposes and to divert away from the original issues that is racism against Indians, marginalization and permanent colonialization against Indians.

The terrorism allegation is to lay a foundation to detain without trial of the HANDIRAF leaders under the Draconian Internal Security Act to charges for other criminal offenses and deny us bail like the 31 because we are suppose to be terrorists and a threat to National Security.

This is also another reason because they think that we have managed to convince and made inroads with India, European, British and the American Government about the atrocity in Malaysia against the Indians, so that we no longer enjoy their support of the international community and therefore the allegation of terrorism is thrown in.

And also general elections are around the corner and they are trying to play to the Malay Muslims majority political gallery that they have punished the Indians and the Malay Muslims must get together. Basically they are playing racial politics you know.

Asian Tribune: I want to ask you some question, are you sure you are not working hand in hand with the LTTE?

P. Uthyakumar: You see, we had the protest on the 25th of November and today only the 9th of December. How come this allegation never came any time before this? Why?

Asian Tribune: I don’t know?

P. Uthyakumar: We have been doing work for the last 10 years, this allegation has never surfaced.

Asian Tribune: I am asking you a simple question. You may be well aware that Asian Tribune is against terrorism. We want to know whether you are with LTTE or not with LTTE?

P. Uthyakumar: Definitely No!

Asian Tribune: That’s all?

P. Uthyakumar: If you don’t believe me you may contact Mr. Prabakaran and ask him.

Asian Tribune : Ha .. Ha… Ha .. So you have contact with Mr. Prabakaran?

P. Uthyakumar: No we never contacted Mr. Prabakaran. Even in Malaysia, there is a World Tamil Relief Fund organization which indirectly supports the LTTE, in terms of helping the poor Tamils in Sri Lanka and all that. Even to their functions I do not attended. I want to focus on the local Indian problems in Malaysia. I think that the local Indians need more help than the Sri Lankans and the Tigers. Of course we never had any dealings with the Tigers at all.

The terrorism charge does stand, because the 5 top leaders of HINDRAF are all practicing lawyers. And we have always pursued a legal and peaceful struggle.

Asian Tribune: Who are the office bearers of Hindraf?

P. Uthyakumar: Including me there are five in all. P. Vethamuthy, he has finished his overseas lobbying trip to India. He was in Chennai and then he was in New Delhi for our cause and at present in London and expected to be in Geneva, New York and Washington for international lobbying.

Asian Tribune: Who are the other office bearers?

P. Uthyakumar: There is another lawyer called M.Manoharan, then comes R. Gangatharan and V. Ganapathy Rao. All five including me are practicing lawyers.

Asian Tribune : How many Hindu temples do you have in Malaysia?

P. Uthyakumar: I think we have 20 over thousand temples in Malaysia; most of them are very small temples, which basically serve the poor man, the men on the street.

Asian Tribune: 20 000 temples! What is the population of the Indian Tamils in Malaysia?

P. Uthyakumar: About 2 million out of total population of 26 million Malaysian and we have 6 Indian MPs out of 219 elected members of Dewan Rakyat - Parliament and 6 MPs represent Malaysian Indian congress political party, led by Sami Velu. These Indian MPs are basically powerless this is just for the show to reflect the multi-racism for Malaysia. Hindus are about 95 percent of the 2 millions.

Asian Tribune: Do you have any idea in participating in the next election and resist them or oppose them?

P. Uthyakumar: No. We are not politically inclined we are a NGO We are not politically motivated and we are working for minority right.

- Asian Tribune -

Also Read:

Police report by P. Uthayakumar 8-12-07 (against Prime Minister, Law Minister, Attorney General, Inspector General of Police.

Sat, 12/08/2007 - 15:27 — admin

Police Report by myself P Uthayakumar against (1) Malaysian Prime Minister Badawi and UMNO Leaders (2) Law Minister Nazri, (3) Attorney General Gani Patail, (4) Inspector General of Police Musa Hassan and (5) the UMNO controlled print and electronic media namely The News Strait Times, The Star, Malay Mail, Utusan Malaysia, Berita Harian, TV3, RTM 1 and 2, NTV 7 and Astro etc for making false, malicious, seditious, criminally defamatory, racially inciting and inflammatory statements and/or publishing and/or broadcasting and/or causing to be published and/or broadcasted and/or causing the same to be broadcasted that Hindraf has links with LTTE, terrorist groups and supports violence.

Over the last three (3) weeks the UMNO controlled Malaysian Government and authorities have been going on a smear campaign and/or Hindraf bashing sessions using their aforesaid print and electronic media and on a headlines basis almost every day.

The statements published and/or broadcasted and/or caused to be published and/or broadcasted that I and/or the Hindu Rights Action Force (Hindraf) have links with terrorist organizations, and/or supports violence, Nazri’s statement that “this was from statements of Hindraf leaders who went overseas to garner support that they would meet LTTE leaders” (“Links with Tamil Tigers and India’s RSS, says Nazri,” The Star 8-12-2007 page N10) and Gani Patail’s statement that “The AG had on Wednesday told the court that he had reports Hindraf members had connections with the LTTE” (“Hindraf has links with Tigers” (New Straits Times 8-12-2007 Page 6 (based on an alleged police report lodged by a member of the public which I now say is a false police report. Please investigate and let me know within 48 hours from the date and time herein) is false, malicious, seditious, criminally defamatory racially inciting and inflammatory.

This is a desperate attempt by UMNO and the Malaysian authorities to sidetrack and/or divert from the real issues Hindraf is championing that is the racism, marginalisation and permanent colonialisation of the ethnic minority Indians in Malaysia by the UMNO controlled Malaysian government for the past 50 years. This is especially so after 25-11-2007 whereafter Hindraf enjoys the support of at least 95% of the 2 million Indians in Malaysia and also has the support and sympathy of foreign governments, NGOs and the media.

This latest statement is also to falsely and maliciously build up a case against me and Hindraf leaders to detain me and other Hindraf leaders without trial under the draconian Internal Security Act and/or other laws and deny me and the others bail and lock us up and punish us even before we are being found guilty in a Court of Law as was done to the 31 peaceful assemblers and hindu devotees praying at Batu Caves by the Shah Alam Sessions Court on 6th December 2007.

The above is also a political ploy as the Malaysian general elections are around the corner. Hindraf and their members are victimized persecuted, maliciously and racially prosecuted to show to especially the 60% malay muslim majority that the Indians have been punished for their alleged “demonstration” on 25-11-07.

The News Straits Times in particular on the 7th and 8th of December maliciously did not publish the whole truth ie “Waytha Moorthy’s brother Uthayakumar had also told The New Paper in Singapore that he could not rule our violence if the demands of the Indian community were not met “(New Straits Time dated 8-12-07 page 6)What was maliciously deliberately and intentionally not published was that I and Hindraf have always maintained that we are committed and that we would only persue our struggle through legal and peaceful means following Ghandi’s peaceful and non violent “ahiesma” struggle.

When asked by The New Paper reporter I expressed fears and concerns that the uneducated Indian masses who may not know of other avenues and having pushed to the wall may resort to violence which was more correctly reported in The Star on 7-12-07 but asserted once again that Hindraf on its part was committed to a legal and peaceful struggle. But this whole truth was never published by the New Straits Times.

I hereby challenge the Prime Minister, Law Minister, Attorney General and the Inspector General of Police to within 24 hours to produce to me, the local and foreign print and electronic media at a press conference the alleged hard evidence of Hindraf’s link to terrorism and violence failing which I and Hindraf shall presume that the alleged evidence does not exist.

I also challenge the aforesaid individuals to investigate and make public the real culprits who attacked and killed the 5 Indians and injured 100 over others in the Kg Medan racial attacks tragedy from 8-3-01 to 22-3-01.

Also investigate the 1,000 over police reports against the various UMNO leaders and Malaysian authorities for the shoot to kill of hundreds of suspects and the mysterious deaths of hundreds in police custody (60% estimated to be Indians who only from 8% of the population) and hundreds of Indian “suspects unlawfully arrested, detained, beaten-up and tortured, hundreds of hindu temples demolished at the rate of one hindu temple in every three weeks and scores of hindu temples forced to relocate next to sewerage tanks.

Kindly also investigate the truth of my 1,000 over letters, memorandums, appeals protest notes scores of Civil Suits etc to the Prime Minister Ministers, Attorney General, Inspector General of Police, Chief Ministers and the other Malaysian authorities about the racism, marginalization and permanent colonialism of the Indians in Malaysia which only proves Hindraf’s track record of legal and peaceful struggle and Hindraf being no where near terrorism and/or violence. (Published in www.policewatchmalaysia.com)

I fear for me and my family’s safety and ask for 24 hours police protection.

- Asian Tribune -

Justice for all ... ... ...

31 persons who participated in the HINDRAF rally have been charged with attempted murder. From a report by Malaysiakini (‘Attempted muder charge for Hindraf protestors’, 04.12.2007), it appears that the charge has been framed on the basis of an apparent intent to murder a police officer, Dadi Abdul Rani. The so-called attempt was alleged to have occurred during the debacle at the Batu Caves.Let us leave aside the merits or de-merits of the charge for the moment and consider their context. The events at Batu Caves are now notorious. The version presented by the police was that they were compelled by circumstance to resort to tear gas and water cannons.

The objective evidence (see Jeff Ooi's Minority Report series) points to a very different scenario; in the early hours of 25th November, persons at Batu Caves, and I use the word ‘person’ advisedly as it is not clear at all that these persons were going to participate in the HINDRAF rally, were corralled into the Batu Caves temple compound. Police officers then launched an offensive using tear gas and water cannons. It was during this melee that bricks and pipes were apparently thrown, it would appear in response to what the police were doing.The Attorney General is quoted in the Malaysiakini report as saying, "They threw bricks at his head. Do you think it will not cause death?".It does not follow that every person who throws a brick at someone intends to commit a murder.

To have charged the accused for attempted murder, the Attorney General in his capacity as Public Prosecutor, must have been satisfied that every one of the 31 persons had intended to cause grievous harm to Officer Dadi of such a nature that his death was not unforeseeable. The Attorney General must be satisfied that there is enough evidence of such intention, and of actions motivated by such an intention, that were such evidence left unrebutted, a court would convict the 31 persons.The Attorney General appear to think that there is sufficient evidence. From reports, this appears to be on the basis that anyone who threw a brick at the head of someone would have reasonably foreseen that the target might be injured to an extent that the target died.In my view, this would not be sufficient. There has to be evidence that these 31 persons specifically attacked Officer Dadi.

There has to be evidence that having chosen to attack Officer Dadi, these 31 persons then proceeded to attack him in such a way that his death by such attack would be foreseeable.The events at Batu Caves, in my view, and I have not had sight of the charge sheets, do not allow for a clear conclusion of this nature to be drawn. Is the Attorney General saying that police officers who have beaten demonstrators or participants of rallies with batons on their heads are also culpable for attempted murder? Is he saying that the police officer who drew his firearm and shot 2 persons at Pantai Batu Burok also attempted to murder the persons he shot. I think not, not because the Attorney General has turned a blind eye to those events but because the actions of those police officers, as offensive as they may have been, simply do not form a basis for such a conclusion.If they do, then the Attorney General is guilty of selective prosecution.

Though in law the Attorney General as the Public Prosecutor has the absolute discretion to charge a person of a crime, this discretion not being justiciable, his discretion must be exercised in an even handed manner and not at whim and fancy. The Federal Constitution guarantees equal protection before the law. This precludes arbitrary invoking of legal process.From this perspective, it is not unreasonable to think that the decision to charge may have been prompted by other considerations, principally a desire to stamp out any attempt to express disagreement and frustration with the way things are.

The discretion to mount prosecutions has in this way been harnessed to the machinery of a government that tolerates little or no resistance as it engages in a perverse political dance with the leaders of HINDRAF.How else does one explain the fact that the leaders of HINDRAF have not been charged with any crime though, if one believes the statements made by the authorities, there is sufficient basis for a prosecution? How else does one justify the presence of the Attorney General, recently returned from the International Court of Justice in the Hague, in the Klang Sessions Court?The decision to charge the 31 of attempted murder, paving the way to a refusal of bail, was cruel. Though attempting to inflict bodily harm is not to be condoned, the authorities must see that the 31 and their families, their children, have been made pawns. They have been made to suffer, and will continue to do so as they await their trials, for nothing more than being in the wrong place at the wrong time.Free the 31.MIS