Sunday, August 16, 2009

HINDRAF - Executives have failed; Will judiciary save Kg Buah Pala?

The Penang executives have definitely failed in their attempt to
protect Kg Buah Pala by their failure to use operations of laws that
are enacted through legislative.

It is a failure because, they have many option to exercise various
forms of acts right from stopping the transfer, investigating the
fraudulent transaction, and of course using certain power mandated by
the legislative but all to no avail. The only answer that the
executives could come up with it is the fault of the previous state
government and they can’t do anything more.

Instead of pursuing lawful attempts which are readily available to
remedy the wrongdoings that has befallen the residents, the executives
ran a ‘soap opera’ trying so hard to depict and establish the
residents in Kg Buah Pala as being unreasonable, greedy and selfish
whereas the executives are dedicated and are working for the people.
The irony about the whole incident is that the residents had truth on
their side but the executives kept distorting the truth away and was
only interested in running a fake populist agenda claiming it to be
the expression of the people’s will.

All that has spewed out by the executives over the last month and half
has nothing to do with trying to resolve the residents’ problem in
equitable terms but rather exercising their executive powers to
silent, tarnish and corner them into accepting the terms that has been
dictated by the Developer.

It is a sad turn of event for the residents, who had so much hope that
with the change, the present government will undo all the wrongs since
they had the power to do so. Yet nothing happened. Even on the day of
the demolition, not even one of the executives was there to show moral
support in the residents’ defiance against the demolition team. So
much for a so called people’s party.

The residents now have another shot to save their village through the
judiciary when their hearing comes up on August 18, 2009. Well one
institution of the democracy ie Executive power had let them down, now
let’s see if the judiciary will be more just and equitable in their
ruling for the truth.

I am pretty sure with the tainted image that prevails; the general
public would be pessimistic that any ruling that would favour the
residents. Sometimes in pessimism, lays the great hope of justice for
them.

The Federal Court being the highest court in the land and the flag
bearer of justice for the common man when other organs of the
government had failed them can now act and show their independence for
what is the truth and equitable for the residents. The issue is
currently a national issue and closely related to the politics of the
country. By ruling for what is truthful, the judiciary may establish
itself again its independence from the executive powers.

HINDRAF sincerely hopes that the judiciary will provide the
opportunity for the residents to have a full trial in an open court so
that the residents will be able to seek justice by providing documents
and evidence of their rightful ownership of the land and establish the
mala fide conduct of executive powers.

Thank you

P.Waythamoorthy

HINDRAF – Chairman