Friday, December 18, 2009

Hindraf chief threatens to sue erstwhile comrades - Malaysiakini

Hindu Rights Action Force (Hindraf) chairperson P Waythamoorthy has sent a demand letter to four of his former comrades asking them to retract defamatory statements made to the media, failing which he will exercise the right to sue them.

The four are Penang DAP Deputy Chief Minister 2 P Ramasamy, Sungkai assemblyperson A Sivanesan and two other Hindraf activists, V Ganabatirao and K Vasanthakumar. Ganabatirao is also a DAP member.

NONEThey were said to have made defamatory statements which were published in English and Tamil dailies as well as in news portals, including Malaysiakini.

The articles called in to question Waythamoorthy's sincerity and asked him account for an alleged RM700,000 that was collected for the Hindraf cause.

The articles included a Malaysiakini interview with Ganabatirao entitled, Hindraf: Where's the money, buddy? and one in which Sivanesan asked Waythamoorthy (right) to account for allegedly RM700,000 of Hindraf funds.

Following these statements, Waythamoorthy did threaten to sue all three DAP members in August this year.

The demand letter was sent to the four via his lawyers Kumar, Hashimah & Co. Waythamoorthy wants them to retract their statements and make an apology.

He also wants a written undertaking that the four would not make similar allegations in the future and want the respondents to pay indemnity costs.

Schism within Hindraf

Waythamoorthy, Ganabatirao and Vasanthakumar along with M Manoharan, P Uthayakumar and R Kenghadharan were key individuals behind the Hindraf rally on Nov 25, 2007.

All five, excluding Waythamoorthy, were detained under the Internal Security Act. Waythamoorthy was on a pilgrimage in India, before imposing self-exile.

During the ISA detention of the five, Waythamoorthy carried the Hindraf mantle in the international arena.

All of them have been given a week to to respond to the demand letter.

Indian youth 28 beaten up in police custody (Malaysiakini)

A man detained on suspicion of sexual harassment was tortured and beaten despite the Police being aware that a false report was lodged against him.

S Isaikumar,28, lodged a report at the Seremban police headquarters. He was accompanied by his lawyer N Surendran.

NONESurendran said that Isaikumar (right) was arrested on Dec 6, 2009 and remanded for nine days based on a police report lodged against him for of sexual harassment.

The following day, on Dec 7, Isaikumar was told by the investigating police officer that the charges made against him were based on a false report.

Nevertheless, the police only released Isaikumar (right) on Dec 14, during which time Isaikumar alleged he was assaulted and subject to humiliation by the police.

“Isaikumar was slapped, abused and beaten with PVC pipes by a group of police officers,” said Surendran.

He claimed that at one stage a female police officer sat on Isaikumar’s chest and inserted a shoe she was wearing into his mouth.

The police, he alleged, also took photos of Isaikumar in the nude, including photos of his genitals.

Surendran further claimed that his client was denied medical treatment despite running a fever.

Though the lockup where he was detained held seven prisoners, Isaikumar alleged they were given only three packets of food to be shared among them.

‘He was innocent’

Chief investigating officer, Inspector Ahmad Sobri Amir Salim, cleared Isaikumar of any wrongdoing in a letter on Dec 14, on the day of his release.

“Despite his innocence, Isaikumar went through an unnecessary and unwarranted nine days of remand, coupled with abuse by police officers,” said Surendran.

The lawyer said the case should be investigated by Bukit Aman because he felt the Seremban police would not conduct a fair inquiry.

Surendran called on inspector-general of police Musa Hassan to ‘clean up his own house’ as there have been many cases and reports of police brutality.

NONEMeanwhile Parti Sosialis Malaysia secretary, S Arutchelvam, demanded Bukit Aman form a special team to investigate this latest report of police brutality.

Arutchelvam said that if there was no action within two weeks, PSM would take up the case with Bukit Aman.

He said the case clearly showed a “lack of police professionalism” where police were “victimising” an innocent citizen.

Isaikumar, Surendran and Arutchelvam were among a group who attempted to enter the IPK premises but were denied entry.

There was also an attempt to meet with the deputy chief police officer of Negri Sembilan, but an officer denied them permission.

Instead, the group was advised to lodge a report at the nearby Seremban town police station.

Among the political leaders present were Senawang state assemblyperson P Gunasekaran, Temiang assemblyperson Ng Chin Tsai, Negeri Sembilan PKR deputy chairman S Haridass and state PKR Youth deputy chief Norazizi Aziz.

Tamil school still waiting for building after two decades (Malaysiakini)

Tamil school still waiting for building after two decades (Malaysiakini)

It would have been a heart-warming view - a vernacular and a national school co-existing in the same compound.

But that is where the feel-good story ends.

NONESekolah Kebangsaan Tok Pawang and Sekolah Jenis Kebangsaan Tamil Sg Tok Pawang share the same compound, but it’s a different story with the canteen.

SJK(T) pupils have been denied access to the canteen. This was decided by SK Tok Pawang teachers after frequent quarrels between the pupils of the two schools.

The SJK(T) PIBG then organised a makeshift canteen for the 170 Tamil school students at a corridor behind the building.

Students of both schools also do not share classrooms.

Twenty-three years ago the students of the Tamil school were accommodated at SK Tok Pawang after they had to abandon their own building due to pollution caused by the nearby Lee Rubber building.

The Tamil school received a new lease of life when the Kedah state government allocated 5.5 acres of land to build a new school on April 3 this year.

Menteri Besar Azizan Abdul Razak, accompanied by deputy P Ramasamy and the current state exco S Manikumar, attended the groundbreaking ceremony to a joyful atmosphere of excited schoolchildren and parents.

At the event, he said that the state government is giving the land to the school without any premium charge. They have also waived the assessment and the school needed to pay only a token sum of RM10 for the land.

This happened about eight months ago. The situation has not changed since then.

‘Education Ministry’s problem, not ours’

SJK (T) Tok Pawang students still share the school building with SK Tok Pawang pupils. There is no sign of a new building being built on the land that was given to the Tamil school.

Azizan had, at the groundbreaking ceremony, clearly indicated that the state government had done their job by giving the land.

It was now up to the school to negotiate with the Education Ministry to obtain the RM1.6 million needed to build the school.

Jerai MP Mohd Firdaus Jaafar said that now the ball was in MIC’s court to “pressure the minister (of education) at the federal level to make sure the building gets built.”

Balasingham, 35, says that he had been waiting for the school to be built since the day he left the school when he was 12.

His daughter now attends the school in Standard 1, but nothing has changed.

At the moment, students have no choice but to go about their familar routine of sharing the same compound and building, and having their meals under a a makeshift canteen.

Thus far, there is not even a hint of a new school building emerging on the land provided to them.

All you can see is the tractor used by the Kedah menteri besar during the groundbreaking ceremony. It sits forlornly by several oil palm trees, a sad reminder of what should have been.

AG & UMNO axis use Courts to stifle Hindraf 25th November 2009 Rally

At first count, 66 Hindraf supporters we prosecuted at the Shah Alam Sessions Court for even attempted murder of one policeman which even a first year law student would know is an impossible offence but Malay-sia’s Attorney General (AG) chooses not to know. To add insult to injury even the senior Sessions Court Judge denied bail to all 66 accused. But then again this is 1 Malay-sia. (The A.G later withdrew the attempted murder charge when an appeal was filed at the Kuala Lumpur High).

Then the Court fixes two weeks to even one month in a row for trial in a couple of months once to stifle these Hindraf supporters. Many Hindraf supporters lost their jobs, families broken up and suffered grave hardships.

Unlike in the US UK and in the Western Civil Society there is no state funded legal aid to cover these hardships on the Legal Principle that a man is presumed innocent until proven guilty.

Finally all except nine succumbed to the UMNO state might and weight and ended up pleading guilty not because they are guilty but because of the aforesaid stifling, oppressive and unfair Malaysian Criminal Justice System. (Refer NST 17/12/2009 at page 12 below).

P. Uthayakumar


Special Branch Operative ASP Vasanthakumar in Action

Please see the video circulating in cyberspace showing how Vasanthakumar is playing out his role as a SB agent. I attach it below.

They call such agents like Vasanthakumar, E3M or something like that - people who have double roles in their lives. In this case this SB agent’s job is to create confusion among the Indians, create disunity among the Indians and destroy the unity that was built up after the 25th of November 2007.

Otherwise how do you explain the fact that he is working aginst the poor Indians there. If he were truly a Hindraf leader, why is he dpoing this. He should really be on their side against the authorities who want to demolish,

In addition he calls the organization that has been looking after the burial site for many years and now fighting the State government from robbing this land from the poor people an illegal organization.

Is Hindraf a legal organization till today. For his benefit he calls himself a Hindraf leader and then goes about decimating other truly people’s organization such as this one, Persatuan Tamilar Kuala Ketil.

This action truely exposes the fact that he is no Hindraf leader but someone who has a distinctly different objective like I have said above. See the video for yourself.



HRP: CCTV to address death in police custody in 1 B Budget

HRP: CCTV to address death in police custody in 1 B Budget

This police proposals of CCTV is old wine new bottles. (refer The Malay Mail 17/12/09 at page 10)

This decade old CCTV proposal surfaces from time to time and especially when a high profile death in police custody case comes up. But this has never been implemented. Let us see if this is implemented with the RM 1 Billion 2010 Budget or is this RM 1 Billion going to be used for something else?

P. Uthayakumar.



SOS Police siding Kedah PAS against Indian hindus

Re : SOS Police siding Kedah PAS against Indian hindus

The aforesaid matter has been brought to our attention by Mr. Maniyan Varathan (Raj) the Chairman of Kubur Kuala Ketil who has instructed us as follows:-

That as of 8.30 p.m yesterday 16/12/09 three police reports have been lodged in effect against the PAS state government of Kedah and asking for 24 hours police protection for this hindu crematorium not to be demolished.

But soon after this third police report No. Kuala Ketil 001864/09 dated 16/12/09, instead of arresting the criminals DSP Rahim, the Deputy OCPD of Baling called Mr. Raj over to his office and told him not gather at the said cemetery on 17/12/09 but to give way for the demolishment of the aforesaid hindu crematorium. Shortly after this meeting the police allowed the PAS state government to uproot a few trees and damaged some of the graves and tomb stones right before the eyes of the Malay-sian police.

Despite our P. Uthayakumar bringing the same to the attention of this the Kedah Chief Police Officer (CPO) Dato Syed Ismail vide a telephone conversation on 16/12/09 at about 8.30 p.m that if at all a valid High Court Order is required if there is to be any relocation of this hindu cemetery and that it is in fact a criminal offence in particular under section 295 ( Injuring or defiling a place of worship with intent to insult the religion of any class) and Section 297 (Trespassing on burial places, etc) and Section 298A (Causing etc., disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion) of the Penal Code and read with Article 11 of the Federal Constitution of the Penal Code and which carries a jail term of up two years jail this CPO gave a racially and religiously bioused answer

But when P. Uthayakumar had asked the Kedah CPO and the Malay-sian police to arrest the relevant PAS criminals who partly demolished this graveyard he had refused to do so and had also refused to give 24 hours police protection for this hindu cemetery. Meaning he will allow the demolishment to go on.

Why is this so? Just because the victims are the ethnic tiny minority Indian hindus and the big majority being the malay muslims? So Bully?

There is no provision either in the Federal Constitution or any law in the country which allows for racist and religious extremist implementation of the Federal Constitution and law by the police who are in fact supposed to be impartial and independent.

In fact we have written two letters in dated 10/12/09 and 16/12/09 to the PAS led Kedah Menteri Besar and in fact have written that we are going to meet him at his office this coming Sunday (20/12/09).

Despite all the above the Malay-sian police have been seen to be aiding and abetting the PAS led Kedah State government in demolishing this said hindu crematorium.

We hereby seek your kind indulgence in instructing the police to protect this ethnic minority hindu crematorium from being destroyed, 24 hours police protection for this crematorium, police protection for all our supporters especially on 20/12/09 and thereafter when we are scheduled to hold a prayers at the said cemetery and later a proposed meeting with the Menteri Besar of Kedah at his office.

We have information that the Kedah PAS state government may hire Indian gangsters to cause disturbances on 20/12/09 and thereafter and accordingly seek police protection.

Kindly revert to us accordingly.

Thank you,

Yours faithfully,


P. Uthayakumar

Secretary General (pro tem)