Friday, January 30, 2009

Makkal Sakthi - Community Service Panthal for Thaipusam in Port Klang


By G.Kanchana (30.01.09)

The criticism on those presumably tarnishing the country’s image has been the focus of some who believe that playing the race card and discrediting the country’s image does not help to find permanent solutions to the problems at hand. Of late this were the views of the Malaysian Indian Youth Development Foundation (MIYDF) chairperson SA Vigneswaran who also stated that pinpointing the ruling government would not solve the issues and that everyone has a part to play. Previously KK Eswaran, the president of the Indian-based business group, the Malaysian Associated Indian Chamber of Commerce and Industry (Maicci), similarly lashed out at government critics for negative remarks on the country’s leadership. Both Vigneswaran and Eswaran believe these irresponsible acts of some were to push forward their respective agendas and serve their own interest.

The above refers of course to the activities of Hindu Rights Action Force (Hindraf) leader P Waytha Moorthy’s circulation of a booklet titled “Malaysian Indian Minority and the Human Rights Violations Annual Report 2008” during the Pravasi Bharatiya Divas Convention in Chennai. Waytha Moorthy had declared that Malaysian Indians are ill-treated and marginalised and called for the Indian government to impose trade sanctions against Malaysia in importing palm oil from Malaysia.

What both Vigneswaran and Eswaran fail to understand is that it is not Waytha Moorthy who is tarnishing the image of this country rather it is the ruling government and UMNO through its acts of racist and discriminatory policies and practices , injustices, religious extremism and marginalisation of minorities that has put our nation to shame. In the past 50 years the rights given by the Federal Constitution to the citizens of this country was well manipulated and manoeuvred to the advantage of UMNO and the BN Government. Corruption, cronyism and nepotism became so deep rooted into the society that it became part of the Malaysian culture. Basic human rights such as freedom of religion, freedom of speech, freedom of assembly and freedom of press are noticeably deprived.

This is well portrayed in various international surveys and statistics. The dishonesty, lack of transparency and integrity of institutions such as the police, immigration and judiciary and high profile political involvements, have repeatedly brought the focus of the world to Malaysia. The humiliation involving high ranking immigration officers almost denied Malaysians their 6 month visa privileges with Britain. The scandalous Lingam Case, the mystery behind the death of Altantuya, the ambiguity of Anwar’s previous and present sodomy matters, various shoot to kill policies of the police and death in custody, already tainted Malaysia’s name. Not forgetting the use of ISA to suppress dissent and incarcerating human rights activist for indefinite periods.

These are only a few of the examples that tarnished Malaysia’s name internationally. The portrayal of Malaysia on the surface as being a democratic nation, peaceful and harmonious is false and it needn’t take Waytha Moorthy to demonstrate it. Read the US State Department’s Country Reports on Human Rights in Malaysia and you will see.

On the matter of serving one’s own interest although Eswaran speaks up as the representative of the Indian community his intentions are scrutinised in relation to a company called Multi Vest Resources Berhad (MVest) a company he heads. Would Waytha Moorthy’s call for the Indian government to impose trade sanctions against Malaysia in importing palm oil from Malaysia have any effect on his company that has 4000 hectares of oil palm plantation in Malaysia and a further 75,000 hectares coming up in Kalimantan. It would be right to say than “self interest” here refers to Eswaran’s position as a businessman and that of his Bumiputra Directors. Further Eswaran should be particularly careful when questioning on the virtues of credibility, gratefulness and the sincerity of others especially that of Waytha Moorthy, when so much of his own sordid personal life has been exposed and particular reference made to his “ungratefulness and betrayal of the hands that once fed him.” Both Eswaran and Vigneswaran have clearly spoken not as representatives of the people but that of the BN Government. Or is this all merely to facilitate the government’s recent instructions via the Human Resources Minister Dr S Subramaniam to counter Hindraf’s activities of bringing out the truth.

Please bear in mind that the advocates of human rights in Malaysia including Waytha Moorthy have no interest of their own to serve but that of the community that is undergoing turmoil, discrimination and marginalisation. They are led not by self-interest or egotism but rather by a burning desire to put right the injustices that continue to accur. They are not amateurs (unlike many others) and their actions of fighting for minority rights and the preservation of the Indian race, religion and culture goes back as far as 20 years. They have sacrificed their lives, some unlawfully incarcerated without trial and others having to live in exile away from their beloved home, family, livelihood, dreams and aspirations, all for the sake of the deprived community. Their personal happiness and future is bleak with a question mark. There is no secret agenda here.

Mr Vigneswaran holds the view that we should not blame the ruling government on issues concerning the police force however he fails to recognise that it is the responsibility of the ruling government to take stern, quick, uncompromising and adequate action to safe the reputation of the police force that has currently stooped so low. It is the responsibility of the government to ensure that this institution is operated and administered in the most professional and skilled manner. The entire police force is in a state of mockery and ridicule both nationally and internationally not because of those who carry the messages of truth but because of the constant wrongdoing that contravenes the very core of being a dignified and respected institution that serves to protect its people. Instead continued misconduct, corruption, mistreatment and now murder after murder has brought the entire police force into disgrace. Vigneswaran’s ideas and points as to the causes and solutions to police brutality are well received but nothing new to those who have already proposed similar changes time after time. Criticism, analysis and proposals for changes in any good governance would be well accepted as a means of moving forward. Time after time intervention and suggestions by the legal fraternity, NGO’s, human rights groups, political parties, the opposition and individual citizen’s of this country have fallen into deaf ears. P.Uthayakumar now incarcerated under ISA worked rigidly under the Police Watch and Human Rights Committee to highlight the causes and solutions to police brutality. This can be seen in the scores of letters and recommendations he made to the Prime Minister and the Ministries concerned. In July 2002 he forwarded a document entitled ASSAULT AND DEATH OF THARMA RAJEN A/L SUBRAMANIAM (19) AND HUNDREDS OF OTHERS IN POLICE CUSTODY.

ARE WE HEADING TOWARDS A POLICE STATE to the Human Rights Commission of Malaysia (Suhakam) where reasons were given and safeguards and proposals made to end police brutality? If the contents of this document were even read perhaps Kugan wouldn’t be lying dead in a grave right now. It is then ridiculous and sheer stupidity to even suggest the exhausted terms such as “there is a proper way in approaching the government”. We suggest that Vigneswaran prepares a report under MIYDF on his prescribed solutions, present it to the relevant authorities and then WAIT to see the outcome.
The problem here is not that we are short of ideas, plans or strategies on how to bring about changes but rather implementation of the changes which is the sole responsibility and only within the capability of the government. The Malaysian government has undoubtedly turned a blind eye on the grieviences of its people. It is ignorant and arrogant towards the racism, injustice, discrimination, and marginalization that is taking place in this country. When a much bigger nation can identify its faults and mistakes, acknowledge it, take stern actions and massive steps to rectify it even if it means its precious 200 year history would be changed forever WHY can’t we??????? A government that is willing to change when there is a dire need for changes is a responsible government. The Malaysian government has yet to take even the initial steps to demonstrate to its people how it is going to make right the enormous tribulations that encompass this nation. Perhaps this is unlikely to happen as bringing about any form of change would contradict the “the secret agendas and self-interest of those in governance and UMNO”.

For those who have recently accused Waytha Moorthy of spreading lies on the racism, injustices, discrimination and marginalization of the minority Indians in Malaysia please bear in mind that in the very short time that it took you to prepare your accusatory statement, 22 year old Kugan was severely beaten, abused and murdered while in police custody(INJUSTICE) , the Vallambrosa Tamil Primary School in Kapar was forced to conduct lessons for 69 primary two students at the school canteen(MARGINALISATION), a little girl named Darshini of standard 5 lives with a fear of being thrown out of school because she does not have a birth certificate(DISCRIMINATION), a Hindu woman fell victim to the obnoxious racist abuses of a fellow Malaysian Muslim passenger onboard a Malaysian flight (RACISM) and the government has decided not to pursue the obvious and desperately needed Race Relations Act.

ARE THESE LIES ???????????????




Thursday, January 29, 2009

Press Statement – BN backbenchers' show your patriotism to the people.

Press Statement
"BN backbenchers' show your patriotism to the people", request from Waythamoorthy

HINDRAF challenges the non-Indian BN led backbenchers' to show their patriotism towards the people they represent in moving an urgent motion in Parliament to debate the murder of a suspect in Police custody and the blatant attempt to cover up the saga by the top brass of the Royal Police Force. The whole episode is a national issue and not a racial one. It is pointless the Indian Deputy Minister (S.K.Devamany) urging the people not to turn this episode into a racial issue without the active participation of non- Indian Parliamentarians in coming openly to voice out against injustices irrespective of which race is affected.

There is no doubt there will be many fair and level minded non Indian BN backbenchers' who can observe in Kugan's case, that there is clear abuse of Article 5 & Article 8 of the Federal constitution accorded to every citizen of Malaysia irrespective of race, religion, color and following.

A backbencher's allegiance is for the people he/she represents in Malaysia, and here we have substandard implementation of policies and rule of law that are used to shackle the people, yet the UMNO led warlords and its Royal Police Force can continue with their coercive authority against the society's will.

The bullying tactic of the UMNO warlords and its Royal Police Force seems endless against the Malaysian public's plight with their constant disregard of public outcry as they continue to see themselves as above the law of the country with their selective persecution, prosecution and propaganda.

It is about time, the non Indian BN backbenchers' pull up their socks as Kugan's case involves a larger cause for the society rather than an Indian issue as it cuts across the basic fundamental right entrenched in our Federal Constitution for each and every Malaysian citizen.

HINDRAF urges the BN backbenchers to initiate an Emergency Motion at the next Parliamentary session to question the flawed administration of law and justice that is prevailing in this country and call for the immediate implementation of the recommendations of the Royal Commission on Police Force.

Any effort without fear or favor by non Indian BN backbenchers' would at least restore some faith in the flagging trust of the public in Barisan Nasional or BN backbenchers' would rather live in a denial mode in slavery of corruption, nepotism and cronyism alike the UMNO warlords who tramples over every basic human right afforded to each and everyone of us.

Thank you.
P. WaythaMoorthy

Waytha hits out at cops for arresting mourners

Waytha hits out at cops for arresting mourners
Jan 28, 09 4:01pm

The police have been lambasted for arresting five people at the Universiti Malaya Medical Centre before the start of Kugan Ananthan's funeral procession today.Hindraf chairperson P Waythamoorthy said the
arrests revealed police suppression of the people's right to attend public gatherings."The actions of the police clearly show that they behave in a manner above the constitution," he said in a statemen..

Petaling Jaya police chief Arjunaidi Mohamed said the five were arrested while people were gathering to take part in the funeral procession earlier today.He added that three men - including Hindraf coordinator RS Thanendran - were arrested for wearing the Hindraf T-shirt. The government had banned the movement last October.The other two were arrested for attempting to break a police cordon to enter the UMMC mortuary.

Responding to this, Waythamoorthy said that the police action in arresting the five was uncalled for.

'Arrest the cops involved'
It also appeared that the police were being unprofessional in handling this matter, he said, pointing out to the fact that no action has been taken against the 11 police personnel under probe for Kugan's death."The (alleged) murderers of Kugan are let loose on a light desk job," he said.He added that in any normal circumstances, murder suspects would be immediately arrested and a maximum remand order obtained.
This, he said, was usually done to facilitate investigations and to prevent suspects from tampering with evidence and hampering police investigations."However in the Kugan case the police suspects are given a desk job."And the police, the attorney-general and our Home Minister Syed Hamid Albar urge Malaysians to have faith in the system and let the cause of justice prevail," he said.

Waythamoorthy said the police should be arresting those directly involved in the death of Kugan and not those who had come to take part in his funeral procession.Kugan was buried today after his funeral was held back for more than a week following his death on Jan 20.

Waiting for AG's decision
His family had insisted on a second post-mortem to ascertain the cause of his death. The first post-mortem done at the Serdang Hospital stated that he had died as a result of fluid in his lungs.The second post-mortem was done at the UMMC on Sunday. His body was taken in a procession from the hospital to a Hindu cemetery in Puchong this afternoon. More than 400 people took part.Kugan, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned five days later.

The police have questioned 11 police personnel on their alleged role in Kugan's death, which has been classified as murder by the Attorney General.The AG is expected to make a decision soon if there will be prosecution of any of the police personnel involved.It was reported that the 11 have been transferred to desk duty at the state police headquarters.

Mkini - Report on Kugan Funeral convoy with more than 1000 mourners attended

Funeral: 1000 in 20km convoy, 6 arrested
Malaysiakini Team Jan 28, 09 1:26pm

The scorching afternoon heat and subsequent heavy downpour failed to deter some 500 people from joining a funeral procession behind a golden Mercedes Benz, ferrying the remains of Kugan Ananthan who died in police custody last week.

At about 2pm, the procession left the Universiti Malaya Medical Centre (UMMC) in Petaling Jaya en route to a Hindu cemetery in Puchong, some 20km away.
The crowd walked with the hearse for a short distance before getting into their vehicles and driving in a convoy.

In South Indian tradition, the coffin was carried in a car decorated with banana leaves as the cortege made its way to the police station where Kugan died, and then on to the cemetery for funeral rites and burial.
A second post-mortem was conducted at UMMC on Sunday after the family rejected the findings of the first procedure which stated that Kugan died of fluid accumulation in his lungs.Accompanied by scores of media representatives, including foreign journalists, the procession arrived at the Taipan police station in Subang Jaya - via the LDP highway - some 80 minutes later.

It was here that the 22-year-old youth, whose body was riddled with severe lacerations, had collapsed and died. The crowd, which was joined by another large group, spent about two minutes reciting a prayer and shouting slogans condemning the police for the alleged use of excessive force, before moving on.Some 20 Federal Reserve Unit (FRU) personnel kept a close watch while a police helicopter circled above. However, no untoward incidents were reported at the Taipan police station.
During the funeral procession, another nine FRU vehicles were spotted parked at Dewan Sebarangan Puchong in Batu 14.

The procession reached the cemetery at Kampung Batu 14 in Puchong more than two hours later, bringing traffic to a standstill in several areas along the way while passing motorists honked as a show of support.By then, the crowd had swelled to more than 1,000.
Kugan's remains were eventually buried at about 5.30pm after some rites and prayers.
Six arrested
Earlier this morning, the police had closed all roads leading to UMMC ahead of the funeral procession.

Six people were also arrested, three for wearing a T-shirt of the banned movement Hindraf (Hindu Rights Action Force) and the other two for trying to breach a police barricade to enter the mortuary.Among those arrested was Hindraf coordinator RS Thanenthiran.Inspector-General of Police Musa Hassan later said that the sixth person arrested was a murder suspect.Kugan, who was detained on Jan 15 on suspicion of being involved in the theft of luxury cars died while being questioned five days later.
Selangor police chief Khalid Abu Bakar yesterday issued a stern warning against turning Kugan's funeral into a political rally.According to Kapar MP S Manikavasagam, the Selangor government had paid for the funeral expenses.The other notable politicians present at the funeral included Penang Deputy Chief Minister (2) P Ramasamy, Puchong MP Gobind Singh Deo, Subang MP R Sivarasa, Teluk Intan MP M Manogaran, Seputeh MP Teresa Kok and Sri Andalas state assemblyperson Dr Xavier Jayakumar.
Following a massive public outcry, attorney-general Abdul Gani Patail last Friday reclassified the case as murder and investigations have been completed.
The guilty must be prosecuted
"The funeral today must be the last such case of abuse by police," said Sivarasa.

"The people want justice and the government must ensure that Kugan's death is fully investigated and that those found guilty are really prosecuted and not allowed to get away," he told AFP.
One of those detained, Hindraf coordinator Thanenthiran, told AFP from the police station where he was being held that the arrests were unjustified.

"All we did was come to attend the funeral and pay respects to someone who was abused by police. This clearly shows that the Malaysian government has no respect for its people, especially the Indians," he said by phone.

Peter Selvanayagam, a 38-year-old engineer who attended the funeral along with his wife and three children, was one of those who linked Kugan's death with discrimination against the minority community.
"My family and I are here to show that we will not accept the injustice towards the Indian community. We want the guilty to be prosecuted and not to escape justice," he said.

VIDEO 5 mins

Memo to Msian Cabinet from Hindraf on Kugan's death

No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan

28 JAN 2009

Prime Minister of Malaysia
Block Utama,
Bangunan Perdana Putra, Email:
Pusat Pentadbiran Kerajaan Persekutuan, Email:
62502 Putrajaya. Tel : 03 8888 8000

Y.A.B.Dato’Sri Haji Mohd.Najib bin Tun Haji Abdul Razak
Deputy Prime Minister
Deputy Chairman
National Implementation Action Body
Aras 4, Blok Barat, Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan
62502 PUTRAJAYA Fax: 88883983

Re: A. Kugan’s Murder in Police Custody

Cabinet Meeting on 4.1.09 is urged to:-
1. Forthwith Suspend and prosecute the Selangor C.P.O for police cover up of the murder
2. Prosecute Serdang G.H Pathologist and Director for covering up the murder
3. 11 police personnel should be in remand, not on desk duty
4. Prosecute the police criminals for murder under Section 302 of the Penal Code
5. Independent Coroners Department to investigate police crimes
6. Urgent implementation of the IPCMC

We refer to the above

The murder of A. Kugan (22) in police custody brings the spot light yet again to the years of police atrocities in this country. This is just the tip of the iceberg of the decades of police abuse of powers, police brutality, atrocities, murders and most alarmingly the police above the law mindset which they have acquired over the years as part of the Malaysian police culture. This is especially so where it concerns Indian youths which we have been persistently bringing to your good selves attention for over the last seventeen years or so but to no avail. But instead four of our lawyers have been arrested and detained indefinitely at Malaysia’s Guantanamo with effect from 13.12.08

Police Murder
The Tamil Nesan had on their front pages on 21.1.09 reported that A. Kugan who was arrested on 14.1.09 on mere suspicion of being a car thief had suddenly “dropped dead” in the midst of interrogation on 20.1.09. We believe Kugan was beaten up to death in attempt to force him to confess to a crime he had not committed. This is police murder.

Police Cover-up
In the following day’s Tamil Nesan report on 22.1.09, the Chief Police officer (CPO) of Selangor drops the usual police cover-up “bombshell” that Kugan had died of “liquid in his lungs” within six days of having been in police custody and despite the visible and obvious injuries on Kugan’s body, neck, wrist, face and legs. To add insult to injury the Serdang Hospital and especially the Pathologist aid and abets the Selangor CPO by certifying the cause of death as lung congestion which makes hardly any medical sense as Kugan was merely a 22 year old youth and was healthy which even a first year medical student would be able to tell us.

People Power Storms Mortuary
When Kugan’s brutal injuries was splashed on the internet and the media, this CPO in the usual police style tries to divert attention by alleging that the Serdang Hospital mortuary was stormed by a 50 member “mob” who allegedly tampered with Kugan’s body (Tamil Nesan front page 6 on 22.1.09). What the Selangor CPO describes as the “mob” was actually a manifestation of the people power forces upholding justice based on the hundreds of such previous recent cases after which they have lost faith in the Malaysian police and the government hospital axis that had colluded in massive police cover ups of such murders especially over the last seventeen years. Without this people power intervention and their recording of the brutal injuries on Kugan’s dead body the Selangor CPO in collaboration with the Serdang Hospital Director and Pathologist would have wiped out any evidence of police murder as the police and government hospital axis have been doing hand in glove for decades.

Police After Defenders of Justice
To add insult to injury, the CPO now wants to in turn divert attention away from the police murder and wants to investigate the people power forces who succeeded in securing the evidence of police murder.

One “Police Murder” a Day in Lock-ups
The Tamil Nesan editorial on 23.1.09 at page 3 reports the death in police custody figures as revealed in Parliament in 2008 at 1,535 from 2003 to 2007( four years). This works out to about eight deaths in lock-ups every day or at least one death in every day. From our monitoring of newspaper reports and the complaints we receive, about 90% of deaths in police custody cases like Kugan’s case are Indian youths. This in itself is evidence of the hundreds of Indian youths who are abused, beaten up and atrocities committed on them every day around the country and without recourse to justice. They suffer in silence. Why must these Indian youths have to die before they get some attention or some semblance of justice?

Boiling Hot Water Splashed on Police Detainee
Just over three weeks ago on the last day of 2008 while Malaysians were jubilantly enjoying their New Year eve yet another Indian youth, Prabakar was relating his nightmare in police custody of having been beaten up, attempted murder by trying to hang him and finally boiling hot water was splashed on him as part of the interrogation and in forcing him to confess to a crime that he did not commit. Thankfully unlike Kugan, Prabakaran lived to relate his ordeal and show his badly scalded body. Seven junior policemen were prosecuted for the token offence of causing injuries and immediately released on a mere bail of RM5, 000.00.
They were never arrested or remanded in this and thousands of previous such cases as would have been done to any other criminal and thus sending out the wrong signal that the UMNO controlled government gives them “immunity” and acknowledging the “police above the law” special privileges. A senior police ASP and the investigating Officer who was also implicated was let off the hook. Why weren’t these nine policemen prosecuted for attempted murder? After all 31 peaceful Hindraf assemblers cum worshippers on 25.11.07 at Malaysia’s holiest Hindu temple of Batu Caves had been prosecuted for the attempted murder of just one policeman who allegedly suffered from some “dubious” injuries to his head and received “out –patient treatment again at another pro-police government hospital. This is impossible offence known to even a first year law student but which was made possible in Malaysia with compliments of our very learned Attorney General. Worst still they were all denied bail until an appeal was filed at the High Court. Worst still in Kugan’s case the 11 suspected police personnel (murderers) have merely been assigned to desk duties and not arrested and under remand like any other murder suspects. Thus the administration of justice in Malaysia!

Cabinet to Uphold Equal Justice
In the circumstances we hereby call upon your good selves and the Malaysian Cabinet Meeting on the 4th of February 2009 to uphold equal justice and to:-
1. Forthwith arrest, remand and prosecute the criminal policemen for murder under Section 302 of the Penal Code with no bail offered like any other murder accused.
2. Forthwith suspend and allow the Attorney General to prosecute the C.P.O of Selangor for his heading the massive police cover up of the murder by his subordinates.
3. Allow the Attorney General top prosecute the Serdang Hospital Director and Pathologist for aiding and abetting in the police cover up of this murder.
4. The Cabinet directs the Secretary General of the Health Ministry to issue a circular to all government Hospital Directors, Medical officers, Pathologists, Specialists etc of the need to act strictly according to their hypo-crates oath, non compromising with the police, maintaining their independence, to report any attempts of police interference in their duties directly to Parliament, to act without fear or favour of especially the police force and in fact denying and refusing any contact with any police personnel either directly or indirectly. They are to at all time deal directly with the detainee, his next of kin and the patient directly. All examination of a police detainee or deceased must be done out of sight and hearing of the police but can be in the presence of the hospital security and the detainee being handcuffed where necessary.
5. An independent Coroners Department as in the USA and U.K system be set up under the Prime Minister’s Department (Public Complaints Bureau) to take charge of the body of the deceased in police custody cases within one hour of his being pronounced dead and the same in all police shooting dead of suspects cases. Special Coroner’s ambulances are prepared for this task with a post mortem to be conducted by a Pathologist from the Coroner’s Department and with the proper facilities, back up staff and unlimited funding.
6. Urgently implement the IPCMC as was proposed by the Police Royal Commission some four years ago. Kindly ignore the police objections and the excuse that the police force would be demoralized. It is more important to dispel the perception that Malaysia is a police state!

This aforesaid proposal would go a long way in restoring the public confidence in the police force, and administration of law and order and the administration of justice in Malaysia. Above all it would put a stop to the police being above the law mindset.
Our Struggle Continues

For also voicing out among others the aforesaid police atrocities over the last seventeen years, our four legal advisers and lawyers especially P. Uthayakumar had been arrested and detained on nine occasions and also prosecuted. Finally on the 13th arrested P. Uthayakumar was “put to sleep” indefinitely by being detained for two years and indefinitely thereafter at Malaysia’s very own Guantanamo Bay Prison under the draconian ISA.
From behind bars P.Uthayakumar feels vindicated and infact proud that his struggle is continuing at full steam with new and revitalized vigor despite his imprisonment.
UMNO can imprison P.Uthayakumar but UMNO cannot imprison People Power Makkal Sakthi

Kindly revert to us accordingly.
Thank you.

Yours Faithfully,

Waytha Moorthy Ponnusamy

B.Dato-’ Seri Mohamed Nazri Bin Abdul Aziz
Law Minister
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya. Fax: 88894177

Y.B.Datuk Seri Anwar Ibrahim
Ketua Pembangkang Malaysia,
Parliament Malaysia , Bangunan Parlimen
Jalan Parlimen
50680 Kuala Lumpur

Ministers in the Prime Minister's Department:

Minister: Datuk Amirsham Aziz
Minister: Tan Sri Bernard Giluk Dompok
Minister: Datuk Ahmad Zahid Hamidi
Minister: Datuk Seri Nazri Abdul Aziz

Deputy Ministers Ministers in the Prime Minister's Department:
Deputy Minister: Mr Devamany Krishnasamy
Deputy Minister: Datuk Hassan Malek
Deputy Minister: Datuk Johari Baharum
Deputy Minister: Datuk Dr Mashitah Ibrahim

Ministry of Defence Kementerian Pertahanan
Deputy: Datuk Wira Abu Seman Yusop Jalan Padang Tembak,
50634 Kuala Lumpur
Tel: 03 2071 1333, Fax: 03 2691 7217

Ministry of Home Affairs & Internal Security
Kementerian Dalam Negeri
Minister: Datuk Seri Syed Hamid Syed Jaafar Albar
Deputy: Datuk Chor Chee Heung Deputy:
Senator Wan Ahmad Farid Wan Salleh Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
62546 Putrajaya Tel: 03 8886 8000, Fax: 03 8889 1613
Y.Bhg.Tan Sri Abdul Gani Patail
Attorney General of Malaysia
Aras 1-8, Block C3, Parcel C Fax:88889369
Pusat Pentadbiran Kerajaan Persekutuan Email:
62512 Putrajaya

Y.B. Lim Kit Siang
Democratic Action Party
No 24 Jalan 20/9,
Paramount Garden Tel: 03 7957 8022
46300 Petaling Jaya Fax: 03 7957 5718

Y.B. Hadi Awang
PAS President
Parti Islam SeMalaysia
No 318A Jalan Raja Laut, Tel: 03 2692 5000
50350 Kuala Lumpur Fax: 0326938399

Parti Keadilan Rakyat (PKR) (People's Justice Party)
National Justice Party
17, Jalan 16/2,
Petaling Jaya
46350, Selangor, Tel: 03-7956 6444
Malaysia Fax: 03-7956 5444

Parti Sosialis Malaysia (Socialist Party of Malaysia)
Tel/Fax: 03-837 0766 E-mail:

Ketua Pengarah
Biro Pengaduan Awam
Jabatan Perdana Menteri
Aras 6, Blok B1
Pusat Pentadbiran Kerajaan Persekutuan Tel: 03 8888 7777
62502 Putrajaya Fax: 03 8888 3748/03 8888 7778

Tan Sri Abu Talib
Malaysian Human Rights Commission
Tingkat 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Ambiga Sreenivasan
Bar Council Malaysia
No.13, 15 & 17, Leboh Pasar Besar
Kuala Lumpur Email:

H.E.William boyd Mccleary
High Commissioner of the United Kingdom to Malaysia
No.185, Jalan Ampang
50450 Kuala Lumpur Fax: +603-21702370

T. Kumar
Advocacy Director
Asia and Pacific Amnesty International USA
600 Pennsylvania Avenue, SE Tel: 202.544.0200 Ext.224
5th Floor, Washington DC 20003 Fax:202.546.7142

Re:Funeral Procession Not a Political Rally.

Press Release.

27 January 2009

Re:Funeral Procession Not a Political Rally.

The statement by the CPO of Selangor Datuk Khalid Abu Bakar concerning the funeral procesion on wed 28 jan 2009 is another abuse of authority by the police calculated to intimidate and dissuade the Malaysian Public from attending the funeral of A.Kugan and to turn the tide of Public Opinion against Police Brutality.

The CPO has a history of distorting and covering up the truth. In this instance he has gone further to demonise the victim and all Malaysians who wish to see him off in his final journey. He fails to see the fact that if the police had acted proffessionaly, there would not have been a funeral in the first place. If the police have a concsience and wish to atone for the sins of their collegues, the least they could do is to ensure the funeral proceeds smoothly without interference by any quarters The government of the day should be sensitive to aggrieved parties and give them the public space to express their legitimate grievances.

Too many deaths in custody have taken place because the culprits have got away scot- free and the public has largely been complacent. In this instance, the public sentiment could well see the implementation of concrete measures to put a stop to such atrocities.

Therefore the public not only have a right but a civic duty to attend the funeral and express their empathy for the family and their indignation at such abuses.

Any attempt by the Police to disrupt the peaceful funeral on whatever pretext would only further erode their credibility and that of the ruling government. Therefore I implore the police to cease and desist from intimidating and provoking peace loving Malaysians who turn up to mourn the death in custody of Kugan.

His family has been put through enough trauma. I wish to emphasise that the Funeral procession tomorrow will be a peaceful and solemn event in accordance with Hindu Rites and Rituals. The public should not be cowed by irresponsible statements made in the name of "public order", lest the death of Kugan be in vain.

Therefore ALL MALAYSIANS irrespective of Race, Religion or Creed are invited to pay their last respects to this young man at 2pm on Wednesday, 28 Jan 2009 at the Mortuary of the University Hospital and onward to the cemetry in 14th mile Puchong Road.

May his soul rest in peace.





A Memorandum of Protest to Inspector General Of Police was hand over regarding the death of Kugan Ananthan in police custody. In the memo stated that there is photograph of the body of police brutality victim Kugan Ananthan has shock Malaysia. There is clear evidence from the horrific marks on the body that the victim was severely and mercilessly beaten while in police custody. Instead of taking immediate action on those police officers involved, the police have commenced a ridiculous investigation on whether family members and relatives had tampered with the body.

This dishonest and transparent attempt by police to divert attention from real issue. The real issue is how Kugan receive those serious injuries his body while in police custody. Now the police have also refused a request by the family for a second post motem examination. If the police have nothing to hide, why refuse a second post mortem? We demand that those police officers involved be sacked and charged for murder.

That the Selangor CPO Datuk Khalid Bakar be sacked from his position for trying to deceive the public that the victim died of breathing difficulties. The the IGP immediately agree to the request of the family of the victim for a second post mortem examination and that there be immediate and comprehensive REFORM of the Malaysian Police force in order to prevent such incidents from recurring.

The Memo was endorsed by:-








Tuesday, January 20, 2009

Mkini- Hindraf Makkal Sakthi to Obama : Help to close KEMTA too

Hindraf to Obama: Help close Kamunting camp, too
Jan 20, 09 4:01pm

The Hindu Rights Action Force (Hindraf) has sought the help of US president-elect Barack Obama to close the Kamunting detention camp in Taiping, Perak.
Four Hindraf members made the plea in a press statement issued today, saying that the movement welcomes Obama’s decision to close the camp for suspected militants in Guantanamo Bay.
The four held up a banner outside the US Embassy in Jalan Tun Razak, Kuala Lumpur, in a 15-minute demonstration this morning.The assembled police force of about 100 personnel was surprised at the ‘small’ turnout. However, this was Hindraf’s bid to get around the restriction on gatherings of more than four people, which require a police permit.In the statement signed by S Jayathas, Hindraf also congratulated Obama on his inauguration - scheduled for 1am tomorrow, Malaysian time.
Hindraf - banned by the government on Oct 15 last year - also said it counts on his support to help Indian Malaysians who “are being suppressed by the Umno-led government”.R Shan, the movement’s representative in New York, is expected to hand over a petition to Obama in Washington today.A similar petition will be submitted to Najib Abdul Razak when he becomes the prime minister of Malaysia in March.
Hindraf came to prominence in 2007, when it took up a variety of causes close to the Indian Malaysian community. This culminated in a massive street protest on Nov 25 that year.Five of its leaders have since been detained in Kamunting for at least two years under the Internal Security Act, which Hindraf says should be abolished.

HINDRAF MAKKAL SAKTHI Congratulate Presiden Barac Obama

20th January 2009.

Location: AMERICAN EMBASSY. Kuala Lumpur. Malaysia

We congratulate Presiden Barack Obama to be the 44th President of United State of America.

Mr.President, please help us close down our own 'Guantanamo Bay' the infamous KAMUNTING DETENTION CENTRE and Release all ISA prisoners.

Before President Barack Obama came to office he said he will shutdown Guantanamo Bay and soon Deputy PM Najib will be the Prime Minister we urge Najib to follow Presiden Barack Obama step and shutdown Kemunting Detention Centre immediately.
We also urge Presiden Barack Obama please help THE MALAYSIAN INDIANS from the suppression of UMNO Goverment. Valga Makkal SAKTHI

National Information Coordinator
012 6362287

PS – HINDRAF at OBAMA’s inauguration on January 20, 2009

HINDRAF will be at the inauguration of President Barrack H. Obama on the steps of the west front of the U.S. Capitol building in Washington, D.C led by its representative R.Shan from New York.

In conjunction with the inauguration theme "A New Birth of Freedom", a letter from Waythamoorthy who is currently in exile and the report "Malaysian Indian Minority & Human Right Violations 2008" will be handed over to the office of the incoming 44th President of the United States of America.

Thank you.
P. Waytha Moorthy
HINDRAF – Chairman


Thursday, January 15, 2009

Malaysian Indian Minorioty and Human Rights Violations Annual Report 2008

Dedicated to, the three British trained and one Malaysia trained, Indian Malaysian lawyers imprisoned without trial indefinitely at Malaysia’s own “Guantanamo Bay” under the Malaysian draconian Internal Security Act (ISA) for championing the Indian Minority and Human Rights cause.

Executive Summary


Overseas Indians worldwide have been granted equal opportunities and leading prosperous life except in Malaysia. This is because the Malaysian government practices and implements very serious institutional Malay Muslim religious extremist and supremacist plans, policies and practices to the extend of reducing and segregating many Indians into literally becoming slaves. Even the Malaysian Indian Congress (MIC) President and immediate past Cabinet Minister of 29 years standing, Dato’ Seri S. Samy Vellu has conceded as late as March 2008 that the Indians in Seberang Kuari (Penang) are living in worst conditions than in Africa. The Indians in Malaysia are openly discriminated not by the Malay Muslim people of Malaysia but the UMNO (United Malay National Organization) controlled government of Malaysia in direct contravention of Article 8 of the Federal Constitution which prohibits discrimination and upholds equality. In short the Indians are excluded from the national mainstream development of Malaysia in almost every aspect of live on a day to day basis.

But Malaysia’s UMNO controlled government has successfully over the last 51 years since independence camouflaged this reality very well by projecting, highlighting and showcasing the cream of the Malaysian Indian as being successful and prosperous. But this cream only represents a mere 1% of the 2 million Indian populations in Malaysia. About 70% of the Malaysian Indians are left to rot in the hardcore poor and poor category. For raising these very serious Indian minority and human rights violations four Malaysian Indian Lawyers
(P. Uthayakumar, M. Manoharan, R. Kengatharan & V. Ganapathi Rao) have been arrested and are currently detained without trial for 2 years, from 13th Dec 2007 and continuing indefinitely thereafter at Malaysia’s very own “Guantanamo Bay” (the Kemunting Detention Centre)

Some of Malaysia’s atrocities against its own mere 8% minority Indians in 2008 are as follows:

1. Even as this paper is being finalized on the last day of the year 2008 the Malaysian Police in their Police lock up were alleged to have poured hot water on an Indian youth’s body. When he screamed in pain, a piece of cloth was stuffed into his mouth by the Police and was stepped on with their boots. On a rare occasion NT 7 (A local TV Station) splashed his gory burned marks because, a rare breed Member of Parliament for Kapar, Mr. S. Manickavasagam (present at this conference) dared to take on the UMNO State by exposing this police brutality. But in Malaysia, when the victim is an Indian, hardly anything happens. Not only for this atrocity but almost all and every atrocity as listed herein below, this continues to this day. The Indians suffer in silence. Even the Opposition Parties, NGOs and civil society almost always choose to remain silent because the victims are, “merely Indians”. The police and all the authorities have almost always never been punished even for worst atrocities than this.

2. Indian slavery, including sex and child slavery, in Malaysia is rampant even
after 51 years of independence.

3. 150,000 Malaysians Indians (third, fourth and fifth generation Indians) are
made Stateless by denying them Birth Certificates.

4. Kampong Medan “Ethnic Cleansing” of Indians (2001) – 5 Indians killed and a hundred over suffered grevious bodily injuries.

5. One Hindu Temple is demolished in every week nation wide in Malaysia.

6. Six Indians were shot dead by the police in one single day.

7. One Indian lady (8 months pregnant) was shot dead in her home (1988)

8. 90% of Malaysian victims shot dead by the police are Indians.

9. 90% of the deaths in police and prison custody victims are Indians.

10. 80% of victims of police harassment, unlawful arrests, flimsy and malicious prosecutions, inmates of police lock ups and prisons are Indians, (Note: 90%
in Item No. 8, 90% in Item No. 9 and more than 80 % in Item No. 10 are
Indians despite being a mere 8 % of the total population).

11. Six Indians commit suicide in one day. The suicide rate among the Indians is
600 % higher than the Malay Muslim community largely because of denial of
equality and equal upward mobility opportunities.

12. RM 207.9 billion (USD 54 billion) budget for 2009 and RM 230 billion (USD
60 billion) budget in 2008 for the Mid Term Review of the Ninth Malaysia
Plan but zero allocation for the hard core poor and poor Indians.

13. Indians today earn as low as RM13.00 (USD 3.50) per day as plantation

14. 60% of urban squatters and 41% of beggars are Indians.

15. 70% of the 2 million Indians are hardcore poor or poor.

16. Penang Indian squatter families cannot afford to buy milk for their babies and stopped children from attending schools because of poverty.

17. One Indian young mother could not be cremated until after 3 days because of poverty.
18. RM80 billion (USD 21 billion) government guaranteed PNB (Permodalan
Nasional Berhad) shares benefitting almost 9 million poor Malay Muslim
share holders but the almost 2 million poor Indians are excluded.

19. 99% of deserving Indian students is denied the 847,485 public university places. Indians excluded completely from the 120,000 university (UITM)
Places which have a campus in every state.

20. Only one overseas government PSD (Public Service Department)
Scholarship awarded to do medicine for the deserving 2 million Indians.

21. Remawathy, the sixth best student in Malaysia who scored 13 A1s in SPM
(O Level) was denied a government PSD scholarship.

22. Only one medical seat is made available at the University of Malaya against a 2 million Indian population in Malaysia (2004)

23. Foreign medical college Degrees from Ukraine, Russia, Romania, India and Indonesia with almost all Malaysian Indian private students suddenly were derecognized by the Malaysian government.

24. Government PTPTN study loans and scholarships denied to Indians studying medicine, law, engineering etc in overseas.

25. Even in the Malaysian Indian Congress (MIC) sponsored AIMST University
and TAFE College, government PTPTN loans and scholarships are denied to the Indians.

26. Government PTPTN loans and scholarships denied to almost all the Indian
students studying at the scores of private universities and institutions of
higher education.
27. A very negligent number of Indian students offered full residential schools,
such as the MRSM junior science colleges and scores of other elite schools.

28. 371 Tamil primary schools with about 100, 000 Indian children denied full government financial assistance.

29. Almost all the above Tamil schools are all in cowshed like pre war structures.

30. Indians are even largely excluded from the KEMAS and PERMATA, government run kindergardens.

31. 99.9% of deserving Indians denied agricultural land schemes for the
hardcore poor and poor in the semi government run FELDA, FELCRA,
RISDA, FAMA, ]Agropolitan in the 13 State Government Land Schemes.

32. Indians in the civil service today have been reduced to 1% from about 50%
in 1960s.

33. 99% of the deserving Indians denied licenses, permits, government contracts
and project business loans and opportunities.

34. 99.9% of the hundreds of thousands of entrepreneurs created and to be
created by the Entrepreneur Ministry, Rural Development Ministry,
Agriculture and Agro Based Industry Ministry, MARA, SME Bank, Agro Bank,
etc. with hundreds of billions of government funds denied to the Indians.

35. RM 2.5 Billion AIM loans were given to 190, 900 poor households earning below RM2000 per month. But the Malaysian Indian Business Association
President, Mr. P. Sivakumar was reported to have said that the
government’s AIM did not provide micro credit loans to all the 200 Indians it
had recommended.

36. “Scrap metal businesses destroyed by ex Chief Minister the Selangor State, Khir Toyo (of UMNO)”, says Indian Scrap Metals Association Secretary, Mr. Param, a total number of 1118 (almost all Indians) scrap metal business licenses were cancelled in the last three years.

37. Hundreds of thousands of poor Indian squatter colonies demolished with no
or very little alternative homes.

38. Thousands of police reports have been lodged on the foresaid UMNO
controlled Malaysian Government’s atrocities but almost zero action has
been taken.

39. All our scores of Public Interest, Litigations and Suits concerning the most
serious of the foresaid issues have been dismissed by the Malaysian High
Courts or have not seen justices being done. The most senior of the 48
Malaysian High Court Judges who resigned with effect from 1/12/08 were
sent to “Booth Camps” with selected Judges and Judicial Officers to
indoctrinate those attending to hold the view that the UMNO Government’s
interest was “ more important than all else when we are considering our

40. Hindraf’s 18 Point Demands dated 12/08/07 to the Prime Minister for equality
and equal upward mobility, be included and not excluded and segregated
from the national main stream development of Malaysia had been
completely ignored and rejected.

41. There is a 2 Million Indian population in Malaysia but zero Indian majority Parliament and State seats. The current Indian majority seats have been
jerry mandered.

42. 100,000 unprecedented Hindraf People Power Peaceful Assembly that was
held on 25/11/07 was cruelly crushed, 241 arrested and maliciously
prosecuted including for attempted murder of a policeman, a charge which is
an impossible charge in law where bail was denied.

43. All the above atrocities are just the tip of the iceberg.


Malaysia has not only very successfully projected to the world its world tallest Twin Towers but also has very successfully suppressed the aforesaid atrocities against the Indians over the last 51 years. These atrocities are backed by researched news reports and publications as per my (full) paper which is also presented and distributed herein at this conference.

Thank you

Waytha Moorthy Ponnusamy
Barrister at Law, Lincoln’s Inn
HINDRAF, Malaysia.
Mobile: +447939355981
+91 9789987449
For the full report pls do visit/click this link -


Press Release

In the general election on March 8, 2009, the late Razali retained his seat with a slim 628 vote majority. The late Razali polled 32,562 votes defeating Mohamed Sabu (31,934) of PAS and independent Maimun Yusof (689).

Recognizing over 8,000 Chinese votes as crucial, the UMNO led government has dedicated millions to this community in a form of bribe. There are 523 Indian voters, what bribery mechanism have they thrown out to them?. Even one vote is a vote.

Makkal Sakhti is a universal concept that transpires for the goodwill of the nation not dictated on allegiance in form race, religion, bribe, monetary gain nor recognition for one's self gain. It is for the society that we live in on the long run for the goodwill of the nation. To the 523 Malaysian Indians in KT, let you be the civil servants, but be driven by what is good for the Malaysian society beyond Kuala Trengganu collectively.

Makkal Sakhti is about the desire of the people to have equality and fairness in a system by initiating a change not a protracted effort by the UMNO warlords against natural law and justice.

HINDRAF would take a stand that hold true for the sake of the Malaysian society, that PAS candidate in KT should be voted in and elected into Parliament to show that we the minorities look to PAS as our brethren for an equal and fair society in Malaysia irrespective of our race, religion, following or creed for the goodwill of the nation.

We urge all 523 Malaysian Indian voters in Kuala Terengganu to vote for the PAS candidate.

Thank you

P. Waytha Moorthy
HINDRAF – Chairman

PS from WMP - UMNO lead Cabinet and its bigotry

Press Statement from WaythaMoorthy

HINDRAF – UMNO led cabinet and its bigotry.

In reference to the recent reporting in the mainstream media, criticism seems to mount against the report submitted by HINDRAF on the Malaysian Indian Minority Report and Human Rights Violations 2008 as the UMNO led cabinet seems more concerned in shutting out the truth.

HINDRAF stands by its report based on facts and figures reported in the said report and not the usual rhetoric by the popularized characters in the UMNO led mass media. The position taken by the cabinet and its coolies only begs a question on who does it really serves, themselves or the people. There more than 30 violations and atrocities backed by researched news report and publication in this report which are purely factual but the cabinet is more concerned in its bigotry and self denial making rhetoric claims rather than addressing and tackling the issues put forward in the report.

Statement such as " we are deeply concerned with Waytha Moorthy's action as it would have harmful effects on what we have worked for and achieved during the past several months," by Dr Subra seems to be a veiled threat towards the Malaysian Indian community that they should keep quite and accept the lip service that had persevered for the last 52 years.

Rather than playing the mandore role in silence and submission, Samy & Subra should stand up for the Malaysian Indians and voice their concern for the systematic discrimination and marginalization of the Malaysian Indians and be a true representative of the society. If UMNO disputes the report then I challenge them to have an open debate in these issues on a neutral ground ie in the UK or the USA.

The UMNO led government's relentless obstinate and zealous effort to shut out the grievances is nothing new but only to salvage its own dented ego although there are clear and present human right violations of the Malaysian Indian, yet salvaging one's own ego seems paramount against the cause of humanity.

The Malaysian Indians along with those who suffer in poverty and sidelined including the majority Muslims who had suffered enough under UMNO tyranny, definitely deserves a fairer government that listens to its society and tackle their issues without fear and favor.

HINDRAF calls for a United Malaysia that can rise and heed the voice for humanity irrespective of race, religion, color or creed to act upon those truth and reality that exist between us to forge us as a truly multicultural nation.

Waytha Moorthy
HINDRAF – Chairman
From Chennai

Thursday, January 8, 2009

Makkal Sakthi Activities Invite for Thaipusam in Penang



In conjunction with Thaipusam festival, Penang Island Makkal Sakthi members are organising social service activities. The social service will be provided on the eve of Thaipusam and on the Thaipusam at the PANTHAL.

DATE / TIME : SATURDAY (07 / 02 / 09) 9.00 AM TO 10.00 PM
SUNDAY (08 / 02 / 09) 9.00 AM TO 10.00 PM

Service provided as below :-

Considering 423 days detention of HINDRAF Lawyers under ISA,
Penang Island Makkal Sakthi organizing milk pot procession by
423 members of public. Those intending to participate Assemble with
orange dress / T-Shirt and with milk pot at Sri Muthu Mariamman Temple,
Lorong Kulit. Time : 7.00 am

Public support and unity for the event is greatly appreciated

Wednesday, January 7, 2009

Letter to Mr Kim Quek - New Paradigms required,please

New Paradigms required -please.

At the outset, I would like to say that even though I offer different opinions than our erstwhile Mr. Kim Quek, I am myself a strong proponent of regime change in our country. There are significant assumptions in Mr.Kim Quek's arguments that need to be dealt with. The conclusions may be the same, but the assumptions are vastly different.
In Kim Quek’s words - Let us start our deliberation by first asking this question: Has there been a government policy to deliberately marginalize the Indian community? You say no.
Take this case – a young girl has no birth certificate for no fault of hers and gets all As in her UPSR, something she was able to attain because of some sympathetic Headmaster in one of the Tamil primary schools. She is refused admission to secondary school. Denying any human being a right to basic education is the denial of a very fundamental right in any century, in any country, let alone in the 21st century and in this up and coming Malaysia.
Mr. Kim Quek, I ask you, is this act of denying this little girl her fundamental right acceptable even in the least, because it is not deliberate policy.
Even then, if this were an isolated case, I could agree with you, that we can overlook it because it was one of those inadvertent occurrences. But if this multiplies time and time again in many similar situations where the Government bureaucracy systematically looks for opportunities to deny the poor Indians a chance to a citizen’s basic human right, is that still to be considered not deliberate policy.
The bureaucracy is an extension of UMNO, brought into existence in its present form so that the state policy of apartheid like discrimination can be systematically applied. This is well known. Is that not deliberate policy but just the working of an incompetent and corrupt bureaucracy. Politicians will have us believe that, it is so convenient an argument. Why, Mr.Kim Quek are you using the same argument?
Mr. Kim Quek, you are going to come running back and say, “Oh no, that is not what I meant. What I meant was that there was no deliberate policy on the part of the government to marginalize just the Indians” Well, Mr. Kim Quek, I say to you, when the hill slopes of Bukit Antarabangsa slid down the other day, that was not because of a deliberate policy. But does it matter…the people have lost their homes. Afterwards it is academic whether it was deliberate policy or otherwise, the problem happened because the system worked to make that problem happen - the system that was deliberately created.
Likewise when there is such a large problem simmering with the marginalization of the Indians and for so long and continues in spite of such loud feedbacks, can you still say it is not deliberate. When the powers that be continue to turn a deaf ear to the problem and provide lip service at best after all that has happened. Mr.Kim Quek, is that still not deliberate. I can only conclude from all of this that it is not that you have not understood it in this manner, you just prefer to see it the way you do. Mr.Kim Quek, this is where your underlying assumptions are exposed.
The Indians in this country have to be spoken to and not spoken with, is an implicit assumption that you make – maybe it is so commonplace for the likes of you, that you may not even recognize that you are doing it. You do not really have the facts of the working class Indians daily life, nor do you care, as I understand from your treatment of the issue. For you, the Indian is needed only for his vote, and loss of it will mean rocking of the boat that is headed for change and which is going to benefit the likes of you, not the marginalized Indians themselves whom you seem to be speaking up for. So, you say the same things that have been told to the Indians for the last fifty years – be patient.
I say rubbish to all of that; time is not the issue here. Come 5 years from now, I do not see a substantial change happening, given the present drift. The issue here is the lack of will. Plain and simple – lack of will to do the things that are necessary to change the state of affairs.
There are so many things that a State government can do on a priority basis for the most marginalized. We cannot change the bureaucrats, but we can start setting up watchdog citizens committees to watch over the shoulders of the bureaucrats. We can start becoming more transparent on more issues, especially where it relates to the poor and the marginalized. State land can be more productively used by distributing it to the poor. Special scholarship schemes can be setup to pull in all the underemployed or currently unemployable youths in the 18 -25 category and places allocated to them in skills training institution, or special institutions be set up for this purpose, single mothersto be identified and treated on priority basis – but nothing like this is happening. Only excuses are being given for maintaining status quo. Nor do I see meaningful discussion going on in this respect. But then, it is always the numbers game after the elections. Marginalized Indians are too small a group to give priority to. What will the others say?
Mr. Kim Quek, I do not understand how suddenly you become an apologist for the perpetrators of this regime on this issue. If you are the parent of that little Indian lass maybe you will understand. But you are not and never can be. The least you can do is not masquerade.
You insult our intelligence when you say stupid things like” What is the solution to the Indian predicament then? Would it help by giving a few more government posts or contracts to Indians by a state government? While that will make a few Indians happy, it would not alleviate the prevailing poverty of Indians, who number almost two million.”
You think this is rocket science that you are revealing here. You are not able to differentiate the symbols of the problem from the real problem. So, what is being done for the two million marginalized Indians now – you tell me Mr.Kim Quek. Every time this is the same stupid argument that is brought up. But nothing seems to be happening for the very poor people referred to in that argument. It is all just too convenient.
Then Mr.Kim Quek, you say” Under the circumstances, the best bet for marginalized Indians, and in fact for all Malaysians, is to work for the speedy realization of a Pakatan federal government, which will bring healing and genuine nation-building to the country.” I tell you, Mr.Kim Quek you make a faulty assumption here – the Federal Government of the Pakatan will only be speedily and robustly realized when the poor and marginalized are truly taken care of now. Their vote is not to be given at the hint of the afterworld. It will be given for the here and now.
So, Mr. Kim Quek, please review your assumptions because we are all not going to get very far with your current assumptions – progressive as it may seem. We want, not just a change to the names of the parties that are in power. We want true change. Not promises of change – but change that we all can feel and appreciate.
Viva la Makkal.

Sunday, January 4, 2009


On behalf of HINDRAF, the Negeri Sembilan Makkal Sakthi members paid their last respect to the Ruler of Negeri Sembilan Tuanku Jaafar Tuanku Abdul Rahman who passed away peacefully on the 27th December 2007

Led by P.Waytha Nayagi the sister of ISA detainee P.Uthayakumar members of Makkal Sakthi paid their last respects including Siva, Komalam, and Mathavan who are key members of Makkal Sakthi Negeri Sembilan team.

Last week Manickavasagam the Kapar MP and Jayathas led a delegation to the Negeri Sembilan Royal Palace to deliver a Loyalty Petition to His Highneess the Ruler Of Negeri Sembilan to pledge its allegiance to the Ruler.

HINDRAF expresses its deepest condolences to the Consort of the Ruler and his family members.


First year Anniversary of the HINDRAF People Power Makkal Sakthi fell on the 25/11/08 in a small but meaningful way. After a series of nationwide roadshows in September- November 2007 we have succeeded in awakening the Indians out of their fear of violence by UMNO as in the 13th May 1969 or the Kg. Medan violence. Our estimate was that about 100,000 over Indians had braved the whole Government machinery and threats of arrest and even rumours of a shooting order to attend the HINDRAF rally on the 25th of November 2007. The Chief Police Officer of Selangor had on the TV1 news at 7.00 am on 26.11.08 acknowledged that 300,000 had turned up on the 25th November 2007 HINDRAF rally. To all of you who had attended this rally, be proud that you were actually part of that historic rally which may never happen again in that magnititude during our lifetime.

The 13th day of December 2008 marked my and the other Hindraf lawyers first dark anniversary of detention without trial under the draconian ISA at the Kemta Prison, Taiping for a period of two years and continuing indefinitely thereafter. There are ISA prisoners here serving their 7th year of their 8 years of detention after the initial two-year detention order. But I have no regrets. I fought for a just cause so that UMNO would stop all acts of bully especially against the poor and underprivileged Indians in Malaysia, so that UMNO would accede to HINDRAF’s 18 Point demands submitted to PM Abdullah Badawi on 12th August 2007 in effect asking UMNO not to segregate and exclude the Indians from the mainstream National Development of Malaysia.

For example in the RM230 Billion Mid term review of the Ninth Malaysia Plan and the 2009 National Budget, there was Zero allocation for the Indians.

At Kemta Prison I read and write for about 12 to 13 hours every day. The food is pale and stale. Every one hour the Prison Guards “WATCH OVER ME” and record their diaries accordingly. Otherwise prison life is a routine where nightfall follows daylight and daylight waiting for nightfall. Prison life is a predictable routine. My mother, fiancée, sisters, children and family visit every week without fail is the highlight. I get to sleep on a one-inch thin mattress on the cement floor and this has caused in me suffering lumbar spondalysis and arthritis. I can no longer even jog slowly after this one year. I cannot squat without pain in my knees and backbone.

I have after my incarceration been diagnosed to be a heart patient and a high blood pressure patient. My heart condition has been described as hyper kinetic and I am given to understand by my “outside” doctor friends that I may have suffered a silent heart attack. I also suffer from two kinds of skin diseases as a result of allergy and idiopathic gutted hypomela. My pre existing diabetes has got worse especially when I was denied my diabetic medication. The Police Special Branch and the Kemta prison authorities have interfered with the Taiping General Hospital doctors and specialists so much so that their professionalism had been compromised. In my 16 years as legal practitioner I have seen especially my clients’ death in Police custody and Police abuse medical reports and post mortem reports been compromised by the medical Specialists and Government Hospital Doctors. Now as a detainee myself I am suffering from the same fate as my clients. From August 2008 onwards I have refused all medical treatment by the Government Hospitals, as I no longer have confidence in them treating me independently of the Police Special Branch interference. But I know in my heart that these very same Government doctors would give me the best treatment should I visit them “minus my handcuffs”, better and more reliable medical care than even the “profit motivated” private hospitals.

When I complained to the Kuala Lumpur High Court that the said doctors and prison authorities had “compromised” my medical records and that my hypo kinetic heart condition and the lumbar spondalysis was kept away from my knowledge until I found out very much later from some other sympathetic Hospital staff and subsequently agreed to by the said doctors. I also complained to the High Court that the hospital authorities and the prison and Police Special Branch and Home Ministry authorities had refused to exhibit my medical reports. I had created a doubt but the benefit of the doubt was not given to me and neither was I given the opportunity to appear before the Learned Judge to be heard and the Judge had turned down my application and dismissed my application to be set free to be able to receive independent medical treatment. On hearing this my “predicament” the Malaysian Human Rights Commission (SUHAKAM) without being prompted rushed to hold an “inquiry” which was held behind closed doors at Kemta prison, met all the Hospital, prison, Special Branch, Doctors and everybody else except myself the victim and cleared the Malaysian Government authorities and spoke on my behalf that I was happy with the treatment and medication given to me without even getting evidence from me. The said “inquiry” was concluded within 3 hours and the Human Rights Commissioners held a Press conference the next day to reveal their “findings”. But this is what you have for Malaysia-
A Human Rights Commission which is the servant and slave of the ruling UMNO Government.

But I have no regrets and am prepared for the worst in this ISA detention slapped on me. When I started the struggle 16 years ago I always had at the back of my mind that I could one day be detained under the ISA but hoped that it wouldn’t happen.

In every People Power struggle, sacrifices have to be made. This ISA detention is my part of contribution to this sacred struggle.

I am happy to hear and read that the People Power Makkal Sakthi peaceful struggle is still going on strong. There may be ups and downs and many frustrating and demoralising moments especially when we are up against the might of the whole UMNO controlled Malaysian State machinery. I am happy to note that this my incarceration and that of the other Hindraf lawyers has moved, spurred, encouraged and further fuelled thousands of especially Malaysian Indians to stand up against UMNO’s atrocities.

What keeps me going in prison is knowing that you people out there are continuing with the struggle in your own ways. Hundreds of HINDRAF supporters have been arrested, jailed and beaten up by the police when campaigning for our release and the People Power Movement. Many have lost their jobs, promotions, bonuses some demoted. At least one Indian man died of a heart attack on 25th November 2007 when he was believed to be attacked by the Police tear gas.

Our single biggest success as of date is that the Hindu temple demolishment at the rate of one Hindu temple every week being demolished (Tamil Nesan 30/10/08 at pg 3) has stopped at least for the moment. The critical Indian problems has now got National attention though none of which has been seriously addressed by UMNO as they seem to be stuck by their racist and religious extremist and supremacist mindset.

HINDRAF Chairman P.Waytha Moorthy has succeeded in internationalising the critical Indian issues from London to Europe, United States and the Western World.

I take it that every day of my incarceration will keep the spotlight on the critical Indian problems in Malaysia both locally and internationally.

I had decided to “go for broke” because I very strongly believe in the cause I am fighting for and I have no regrets. UMNO will not change. We will have to rid UMNO in the 2012 / 2013 general elections.






Taiping Perak.