Wednesday, May 14, 2008

Mkini-Hindraf 5 appeal dismissed

Mkini- Soon Li Tsin May 14, 08 12:52pm

The Federal Court today dismissed the appeal by five Hindu Rights Action Force (Hindraf) leaders to be released from detention under the Internal Security Act (ISA).

In a brief judgment this morning, Chief Judge of Malaya and panel chair Alauddin Mohd Sheriff said the detention order issued by the Internal Security Minister on Dec 13 last year was valid and met all the requirements under the ISA.He said the three-member panel of the country's highest court agreed with the findings of Kuala Lumpur High Court judicial commissioner Zainal Azman Abdul Aziz who held that the minister could order a person to be detained under Section 8 of the ISA on Feb 26.

Alauddin said that Prime Minister Abdullah Ahmad Badawi in his capacity as the then Internal Security Minister had rightly issued the detention order and had complied with the procedural requirements under the Act.This was unanimously agreed by two other judges - Arifin Zakaria and Hashim Mohd Yusoff when the judgment was delivered at around 11am this morning.

Review application on Monday.
The ruling means the five have almost exhausted their legal battle nd will have to remain detained under the security law, which allows for detention without trial.In their habeas corpus applications, the five stated that their detention was unlawful because of the vague grounds given for their arrest.The detainees' counsel Gobind Singh Deo said he was disappointment with the ruling, adding that they will file for the Federal Court to review its own decision on Monday."We are disappointed with the decision that was brief and it did not address the issues we raised on the points of law for consideration."We intend to apply for a review and we'll submit that application on Monday," he told Malaysiakini.The detainees were also represented by Karpal Singh and his son Ram Karpal. Also present, representing the government, was attorney-general Abdul Gani Patail.

Straight to detention centre
The five are P Uthayakumar, V Ganabatirau, R Kenghadharan, T Vasantha Kumar and M Manoharan.
They were detained under Section 8(1) ISA on Dec 13 last year under Abdullah's orders.
As such they were immediately sent to under a two-year detention to the Kamunting detention centre without first having to undergo a 60-day investigative period.The five rose to fame after organising an illegal assembly on Nov 25 which drew 30,000 ethnic Indians out of their homes to protest on the streets against unfair treatment and marginalisation.The law enforcers responded with water cannons, tear gas and arrests soon after. While the Hindraf lawyers were charged for making seditious statements against the government, several protesters were charged with illegal assembly and attempted murder.
Their supporters however argued that the five - four of whom are lawyers - were merely raising issues concerning the community.

Numerous quarters, including Barisan Nasional component parties such as MIC, MCA and Gerakan, have called for their release

Uthayakumar refuses 'secret date' with heart institute

Mkini -S Pathmawathy May 14, 08 3:30pm

Detained Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar is “being pressured to secretly undergo treatment” at the National Heart Institute, claimed his brother Waytha Moorthy.

In a statement issued from London, where he is living in self-imposed exile, Waytha Moorthy said his brother is being compelled to do so without his family members being informed.“Uthayakumar fears for his life and does not wish to be treated without the presence and knowledge of his family members at the National Heart Institute,” he wrote.Uthayakumar is one of five Hindraf leaders being detained for two years at the Kamunting detention camp in Taiping, Perak.

They were arrested under the Internal Security Act (ISA) on Dec 13 last year, which allows for detention without trial.A diabetic for 12 years, Uthayakumar is said to have developed a heart ailment. He has been admitted twice to the Taiping hospital, in January after a hunger strike and again from April 7-10.

Waytha Moorthy, who is Hindraf chairperson, alleged that the “prison director and other government officers” have been applying pressure on Uthayakumar.“He has written to the prison director, requesting (that) his family be informed and for access to his lawyers while in hospital.

His lawyer (N Surendran) had also written to the prison director on Uthayakumar’s requests.“We are puzzled why the prison director is compelling him to undergo secret treatment and is threatening to lodge a police report against Uthayakumar for wilfully refusing treatment.

(This is) still a democratic country and there should be transparency and openness (about) his treatment.”Urging Prime Minister Abdullah Ahmad Badawi to look into the situation, Waytha Moorthy also posed the query if a “silent agenda” is involved.‘He’s no terrorist’Contacted today, Surendran said some irregularities were detected during Uthayakumar’s last visit to Taiping Hospital and “there may be some damage to his heart”.“He wants to go as soon as possible because he is anxious about his health but he wants his family there because he is worried as to whether major procedures will be involved,” said Surendran. “They refuse to tell us when they (intend to) take him, saying that this must be kept secret for security purposes. “What is there a need for security? He is no terrorist.

This is an excuse to traumatise the family and make things as difficult as possible for him.”Hindraf supporters have held rallies demanding the release of their leaders, as well as access to medical attention for Uthayakumar

Hindraf continue lobbies to repeal ISA and urge medical treatment to Uthaya

ASIA PACIFIC Tuesday, May 13, 2008
Hindraf lobbies with government, opposition

From correspondents in Federal Territory, Malaysia, 03:23 PM IST

As the Hindu Rights Action Force (Hindraf) continues to lobby for the release of its detained leaders, Malaysia's opposition has also taken up the issue.
Opposition leaders Wan Azizah an Ismail and Lim Kit Siang said they had sought to put up questions in parliament, but were not allowed to do so.

The two met a Hindraf delegation in the parliament lobby Monday, The Star newspaper said.
Hindraf leaders have also urged Prime Minister Abdullah Ahmad Badawi to visit the detention camp saying that its leaders have been held under conditions that are 'not safe'.
The Hindraf team made its fourth visit to the prime minister's department and submitted a memorandum saying the conditions were bad for all 70 detained, irrespective of their race or political orientation.

Hindraf national coordinator R.S. Thanenthiran who led the delegation said: 'The water is filthy while shrubs and bushes are overgrown and not maintained. The overall condition is non-conducive and no longer safe for both the detainees and security officers there.'
'The prime minister should spare some time to check on the condition at the camp and visit the detainees. The families of ISA detainees are appealing to him to visit the camp. We believe that he has been misinformed on the conditions at the camp.'

Hindraf wants the abolition of the Internal Security Act (ISA) under which five of the group's top leaders - M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar - have been held since December to serve two-year terms.
The five have been detained for organising a rally in November to voice grievances of Tamil Hindus who form a bulk of the ethnic Indian population of an estimated 2.6 million.

The Malaysian Indian Congress (MIC) that has traditionally spoken for the estimated 2.6 million ethnic Indians has said that continued detention of Hindraf leaders was making them 'prominent'.
They should be let off if they do not pose a threat to the country, MIC Youth chief S.A. Vigneswaran said.

Clips of protest at Gurney Drive, Penang

Dear Brothers & Sisters,

Attached is the video URL of the HINDRAF Nationwide Protest on 11th of May 2008 at Gurney Drive, Penang Island.

Part 1:

Part 2:

Best Regards,
Haribaalan Gopal

PS-by WMP on Uthaya pressured to secretly undergo treatment

135-3 Jalan Toman 7
Kemayan Square
70200 Seremban



HINDRAF condemns the Kamunting Prison authorities for exerting pressure on P.Uthayakumar on 5th May 2008 to secretly undergo treatment at the National Heart Institute (IJN) for his heart ailment. The Prison Director and other Government officers are compelling Uthayakumar to seek medical treatment at IJN without him informing his family members.

Uthayakumar fears for his life and do not wish to be treated without the presence and knowledge of his family members at the National Heart Institute. He had
personally written to the Prisons Director requesting his family be informed and access to his Lawyers in Hospital.

His Lawyer Mr. Surenthiran had also written to the Prison Director on the requests made by Uthayakumar and we are puzzled why the Prison Director is now compelling him to undergo secret treatment and is threatening to lodge a police report against Uthayakumar for wilfully refusing to undergo treatment. We are still a democratic country and there should be transparency and openness in his treatment.

HINDRAF urges the Prime Minister to seriously look into the matter and wonders if there is silent agenda in the whole issue of his seeking treatment. His diabetes level is still on a dangerous level and the Taiping Hospital which gave him initial treatment and prematurely discharged him have to date not revealed the results of all medical tests ie kidney, liver , heart functions ect to him or his Lawyers.

HINDRAF calls upon the Government to conduct an open and transparent treatment on the already defenceless P.Uthayakumar.

P.Waytha Moorthy.
Currently in London

A mother's cry on Mothers Day

Dear HINDRAF supporters

Uthayakumar had a visit by his mother on Mothers Day on Sunday 11th May 2008.
She spent about 40 minutes talking to him. This is how she described Uthayakumar to me over the phone

I was sad to see him. Every year he visits me at home and takes me out for dinner with the other siblings but this year was a strange and awkward visit by me instead. His beard has overgrown and he wears a torn pants with an old shabby t shirt. I know he was trying to keep me in good spirits by trying his best to smile the moment he saw me. I was holding to my tears. It hurts to see a son who I raised now to be detained by the country accused of a threat to national security. What national security are they talking about. It doesn’t make sense. A person who speaks out for the community and for the best interest of the community is behind bars now. This is “aniyayam” (oppression).

I told Kumar not to worry about me. I will learn to take care of myself. But it makes a lot of difference having him visiting home though it would be only once a month. He feels guilty that he visited me once a month but I take the trouble to see him almost every week.

But it doesn’t matter. At least there are talks now that the Government is willing to treat the Indians better. I hear many promises made for the Indians. I’m happy at least the community is benefiting. Though it saddens me to be separated from my son I feel proud of his sacrifice”.

P.Waytha Moorthy