Thursday, December 31, 2009
Hindraf vs Hindraf: One faction sues, the other makes police report - Malaysiakini
The tussle between two Hindraf factions has escalated into a legal battle with the filing of a RM100 million suit by the movement's chairperson-in-exile P Waythamoorthy against four individuals and six news organisations.
In his statement of claim, Waythamoorthy (right) said the six news organisations carried statements of the four individuals who had alleged that he misappropriated public donations for Hindraf.
The four individuals are Penang Deputy Chief Minister II P Ramasamy, Sungkai state assemblyperson A Sivanesan, and two former ISA detainees V Ganabatirau and K Vasanthakumar.
The six news organisations named as defendants are English daily The Star, online news portals Malaysiakini and The Malaysian Insider, and three Tamil dailies Makkal Osai, Tamil Nesan and Malaysia Nanban.
Since their release from ISA detention earlier this year, Ganabatirau and Vasanthakumar have each headed a splinter group under the same name, while Ramasamy and Sivanesan are prominent DAP leaders who were formerly vocal Hindraf supporters.
Five hours after the law suit was filed, Vasanthakumar lodged a report at Brickfields police station against the 'wild allegations' that he was a police agent.
He said that rumours that he was a police officer were spread via text messages and the Human Rights Party website.
In his statement of claim, Waythamoorthy (right) said the six news organisations carried statements of the four individuals who had alleged that he misappropriated public donations for Hindraf.The four individuals are Penang Deputy Chief Minister II P Ramasamy, Sungkai state assemblyperson A Sivanesan, and two former ISA detainees V Ganabatirau and K Vasanthakumar.
The six news organisations named as defendants are English daily The Star, online news portals Malaysiakini and The Malaysian Insider, and three Tamil dailies Makkal Osai, Tamil Nesan and Malaysia Nanban.
Since their release from ISA detention earlier this year, Ganabatirau and Vasanthakumar have each headed a splinter group under the same name, while Ramasamy and Sivanesan are prominent DAP leaders who were formerly vocal Hindraf supporters.
Five hours after the law suit was filed, Vasanthakumar lodged a report at Brickfields police station against the 'wild allegations' that he was a police agent.
He said that rumours that he was a police officer were spread via text messages and the Human Rights Party website.
'Duo not Hindraf leaders'
Waythamoorthy is seeking RM10 million from each defendant for the alleged defamatory statements that was published between July and August this year.
The suit was filed at the Kuala Lumpur High Court today by lawyer P Uthayakumar, who is Hindraf's most recognisable leader and also Waythamoorthy's elder brother.
Speaking to reporters later, Uthayakumar said all Hindraf monies will be handled by accountants from Jan 1, 2010 onwards and thus the money can be accounted for.
He said that the subject of Hindraf accounts were brought up by the four individuals in order to divert attention from the Penang government's management of the Kampung Buah Pala issue.
"This (suit) is also a message to the press - just because somebody make a statement, you cannot go around publishing whatever you like," said Uthayakumar (left).
Among others, Waythamoorthy's suit is also seeking an injunction against all 10 defendants to stop them from repeating the allegations against him.
Seeking unusual declarations
Meanwhile, Waythamoorthy is also seeking a declaration that Ganabatirau and Vasanthakumar are not Hindraf leaders and subsequently, for an injunction preventing the duo from referring to themselves as such.
He also seeking an injunction against media organisations from referring to the duo as Hindraf leaders or its associates.
Waythamoorthy's suit seeks several less conventional court declarations, among others, a declaration that Vasanthakumar is a police spy attached to the "Special Branch E3M" with the rank of assistant police superintendent.
He is also seeking a declaration that Ramasamy, Sivanesan and Ganabatirau were "mandores" (Tamil for labourer supervisor) of the DAP, particularly its secretary-general and Penang Chief Minister Lim Guan Eng.
R.Seetha: HRP’s news maker for 2009
Top ten news makers.
1) R. Seetha’s brother was murdered in cold blood by UMNO’s Malay-sian police along with four other Indian youths including a 17 year old Indian juvenile on 8/11/09 at Klang. Out of these five ruthless police killings done with impunity there were three coffins/dead bodies in one family to grieve. How cruel?
As Seetha could not take the pain of her brother’s said murder and that she was in no position to fight UMNO’s Malay-sian police, she took her own life by drinking paraquat. Her five children who were also given paraquat to drink survived but are likely to suffer from medical complications like kidney failure, cancer etc at a very young age. The last twenty seconds of Seetha’s life was captured by HRP’s video crew. And so was the first two minutes of her death. (see video in video section below). The height of the UMNO Malay-sian police atrocities is when the police tried shifting the blame on Seethe’s husband for her suicide. HRP was disappointed when the family of R. Seetha backed out from protesting by taking her body in a procession to Parliament house which was then in session. We will have another day. We have taken a rain cheque on this. There is no history of a tragedy of this magnitude ever happening in any other part of the world. UMNOs’ Malay-sia made it somehow
2) The pictures of A. Kugan’s brutalized body speaks a thousand words (see photos below). 
But all the police murderers who murdered Kugan got away scot free. As usual a “mandore” Indian policeman was prosecuted for a token offence of causing injuries while extorting a confession. A. Kugan’s murder at the Taipan police station was the worst case ever recorded on camera of a death in custody. Lawyer N. Surendran and HRP’s S. Jayathas took the lead in standing up for, capturing on camera and publicizing this atrocity.
3) Even in “our” very own Opposition led DAP in Penang, the last Indian traditional village of Kg. Buah Pala was demolished with impunity by Kapitan Lim Guan Eng and ably assisted by thier Indian mandores. These villagers campaigned, carried placards and and even cried openly outside the Kapitan’s official residence but to no avail.
Hindraf and HRP went at full steam at the campaigns but DAP, PKR and PAS does not care. The saddest ending was when Murugan (46) who led the unprecedented lobby at Unesco to save Kg. Buah Pala passed away from a heart attack last week when he could no longer bear Kapitan Lim Guan Eng is continued demolishing of his cattle farm the week before after earlier in October 2009 having completely destroyed Kg. Buah Pala.
4) Similarly in PAS led Kedah the last piece of history and the heritage value cemetary of the Indian plantation workers in Ladang Batu Pekaka, Kuala Ketil, Kedah, 
the Kedah PAS Menteri Besar unilaterally demolished it with impunity. PAS was backed up by the Malay-sian UMNO police force and silently watched over by PKR and DAP. PAS, PKR or UMNO would never dare to it to a Chinese cemetary. Pray tell us of one Muslim, Christian, Buddhist or Chinese cemetery or place of worship being demolished in Malaysia. Why does this happen only to the Indian Hindus in UMNOs’ Malay-sia.
5) 16 Hindraf/HRP anti cow head candle light peaceful assemblers were arrested on 21/09/2009. 
There video of this HRP/Hindraf cemetery. We wonder why? arrest drew an unprecedented half a million over hits in Malaysiakini.com.
Whereas the malay muslim criminal protesters who stepped and spat on a severed and bloody cow head were given an audience with UMNO Home Minister Hishamuddin Hussien. 
6) Release of P. Uthayakumar and M. Manoharan from ISA detention on 5/9/09 after 514 days at Kamuniting prison is the ultimate price paid for fighting for the critical Indian issues having befallen on the Malaysian Indian community . 
7) Announcement of the formation of Human Rights Party and book launch “Indian Political Empowerment Strategy The Way Forward” by P. Uthayakumar on 19/6/09. 
8) 2nd Anniversary of 25th November 2007 100,000 over Hindraf peaceful Rally was held with the hunger strike of 18 Hindraf/HRP supporters and a gathering of 100 over others at KLCC at 11.30 a.m on 25/11/2009. 
Thereafter at 2.00 p.m a letter from Hindraf Chairman P. Waytha Moorthy’s daughter and a bouquet of flowers was brought to Putrajaya. As none of the Prime Minister’s Secretaries wanted to come out to receive us, the letter and the bouquet of flowers were left at the steps to the Prime Minister’s office after which the hunger strikes broke their fast. 
9) Also noted are the plight of the Indian poor handicapped and senior citizens who have been denied Welfare help, Socso payments, live in dilapidated shacks, 70% of Tamil schools in cow shed like conditions,
Tamil schools have to buy their own chairs and tables when (the almost all malay muslim) MRSM in Trolak is built on RM 120 Million government funding, Indian mini market owner from Termerloh of 30 years standing was even denied his licence to continue running his business in November 2009.
10) 150,000 Indian children being denied their birth certificates, another 150,000 even third, forth and fifth generation Indians have been denied their Malaysian citizenships,
an Indian cannot even become an Assistant district officer in Malaysia when the USA already has it’s first black “muslim” President in the person of Barack Hussien Obama. Malaysian Indian medical students degrees from Russia, Ukraine, Romania, India, Indonesia etc being derecognized at a time when Malaysia is short of doctors by 50%.
Every day some hindu temple, hindu crematorium, tamil school or Indian settlement is demolished given notice to be demolished, relocated or to be relocated.
Welcome to Malay-sia, the World’s most racist and religious extremist country.
S.JAYATHAS
HRP Information Chief
HENTIKAN POLISI : TIADA SIJIL LAHIR TIADA SEKOLAH
HUMAN RIGHTS PARTY MALAYSIA
NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia
Tel: 03-2282 5241 Fax: 03-2282 5245 Website: www.humanrightspartymalaysia.com
Your Reference :
In Reply : HRP/ DEC/ 09
Date : 29/12/2009
YAB. Dato Seri Najib Razak
Perdana Menteri Malaysia
Blok Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan, Fax: 03-88883444
62502 Putrajaya E-Mail : najib@pmo.gov.my.
Y.B Tan Sri Muhyiddin Yassin
Menteri Pelajaran,
Pejabat Menteri Pelajaran,
Aras 10, Block E8,
Complex Kerajaan Parcal E, Fax: 03-8889 5846
62604 Putrajaya. E- Mail: khairulam@moe.gov.my
HENTIKAN POLISI : TIADA SIJIL LAHIR TIADA SEKOLAH
YAB/ YB,
Kami rujuk kepada perkara yang tersebut di atas
Menurut akhbar Tamil pada penghujung tahun 2007 satu Surat Pekeliling telah dikeluarkan oleh Kementerian Pelajaran kepada sekolah –sekolah Tamil supaya tidak menerima masuk murid – murid yang telah dinafikan Sijil Kelahiran mereka bermula dari tahun persekolahan Januari 2008. Dan selepas daripada itu kami telah membaca banyak laporan- laporan akhbar yang menyatakan bahawa murid – murid keturunan India yang telah dinafikan Sijil Kelahiran telah tidak dibenarkan diterima terutamanya di sekolah- sekolah Tamil.
YAB/ YB kes kanak- kanak dinafikan sijil kelahiran sebenarnya adalah satu tragedi oleh kerana akan berlaku masalah bersangkut (chain reaction) dan implikasi jauh ke hadapan (far reaching consequences) bermula dari tidak dibenarkan masuk ke Sekolah Rendah, Sekolah Menengah, Kolej- kolej Kemahiran (Skills Training Institutions) Institusi Pengajian Tinggi dan Universiti di dalam dan luar negara, tidak boleh mendapat pinjaman Pendidikan dan Biasiswa. Juga mereka akan dinafikan lesen memandu motorsikal, motorkar van, bas dan lori untuk mendapat pekerjaan dan mencari makan. Mereka tidak dapat membuka akaun bank atau membeli rumah, motorsikal, kereta, lori atau van. Tidak akan dapat lesen berniaga. Tidak dapat buka walaupun sebuah gerai makanan. Tidak akan mendapat pekerjaan walaupun pekerjaan yang tidak memerlukan kemahiran seperti pengawal keselamatan atau pekerja am dikilang ataupun cleaner di pejabat.
Dan akhir sekali, mereka tidak dapat berkahwin. Jikalaupun mereka berkahwin anak- anak generasi mereka yang seterusnya mengalami masalah tiada sijil kelahiran dan masalah ini berlanjutan kesemuanya sekali lagi (all over again) kepada generasi berikutnya. Masalah sosial yang berbangkit adalah remaja India yang terjerumus ke dalam kegiatan kongsi gelap dan jenayah. Kami merasa amat dukacita olehkerana kerajaan terpaksa membelanjakan RM 1 Billion dalam Bajet 2010 kepada Polis Diraja Malaysia untuk menangani keselamatan dan jenayah termasuk membunuh dengan menembak mati antara lain lima orang pemuda India dalam satu hari termasuk seorang remaja berumur cuma 17 tahun dalam satu transaksi di Klang pada 8/11/09.
Anggaran kami adalah 150,000 kanak – kanak India yang hampir kesemuanya lahir di Malaysia malah ada yang dalam generasi ketiga, keempat dan kelima yang sengaja dinafikan sijil kelahiran oleh sebahagian daripada 1,016,799 ‘graduan’ Biro Tata Negara (rujuk UM Buletin 21/6/09 mukasurat 19) yang menolak pengeluaran Sijil Kelahiran atas alasan- alasan teknikal yang paling remeh. Persepsi kami adalah mereka sudahpun membuat keputusan untuk menolak atas dasar perkauman terutamanya apabila pemohon adalah dari golongan kelas pekerja dari masyarakat India.
Oleh yang demikian dalam penyelesaian ikhlas jangka pendek dan jangka panjang kami memohon supaya:-
1) Surat Pekeliling yang telah dikeluarkan pada penghujung tahun 2007 tersebut dibatalkan dan satu surat Pekeliling yang baru dikeluarkan oleh Ketua Setiausaha, Kementerian Pelajaran untuk tahun 2010 dengan arahan kepada terutamanya guru- guru besar dan Ketua- Ketua Jabatan Pelajaran supaya tidak menolak sebarang dan/ atau mana- mana murid keturunan India khususnya daripada dibenarkan masuk ke sekolah- sekolah rendah dan seterusnya.
2) Satu Surat Pekeliling dikeluarkan oleh Ketua Setiausaha Kementerian Dalam Negeri supaya kesemua kes kanak – kanak dari masyarakat India yang telah dinafikan Sijil Kelahiran dikenalpasti dengan segera dan diberikan Sijil Kelahiran dalam tempoh 60 hari dari tarikh disini.
Tindakan dan jawapan yang awal dari pihak YAB,YB disanjung tinggi.
Sekian,
Terima Kasih.
Yang Benar,
____________________
P.Uthayakumar
Setiausaha Agong (penaja)
Umno man says ‘Allah’ judgement will stir racial tension
By Syed Jaymal Zahiid - The Malaysian Insider
KUALA LUMPUR, Dec 31 — One of Umno’s known hawks, Pasir Salak MP Datuk Tajuddin Abdul Rahman, lambasted the High Court judgement on the ‘Allah’ case today, saying that it would not solve anything but only ignite racial and religious tension.
A jubilant Father Lawrence holds up an Arabic version of the Holy Bible, said to contain the word Allah - Picture by Jack Ooi.
The High Court today lifted the home minister’s ban against the Catholic church from publishing the word “Allah” to refer to the Christian God in its weekly paper, Herald.
The landmark decision may be of joy for some 850,000 Catholics in the country but for Tajuddin, the suit itself, filed by Herald’s lawyers, is an act of provocation.
“What is their motive (for the suit) ? Why all of a sudden they want to use the word Allah when all this while they have been using the term God?
“This is definitely provocation, they are just using all this human rights, religious rights as excuses. This is sensitive to the Muslims and this will create racial and religious tension,” he told The Malaysian Insider.
The controversy over the word “Allah” has stirred huge debate among Christians and Muslims alike in Malaysia and attracted international attention as well.
The Home Minister, who controls giving the annual mandatory publishing permits in the country, had banned the church from using the word “Allah” outside the Muslim context.
But some have questioned if there can be a copyright over the word “Allah”, which Muslim representatives here say is a special word reserved to refer to the Muslim God, meaning “the one and only Almighty”.
The act of questioning the exclusivity of the word “Allah” for Muslims said Tajuddin is a clear indicator that “certain quarters” have become “bolder”.
“They have dared to do these things because the Muslims have been soft..but if you put some one in a corner, they will bounce back,” lamented the Pasir Salak MP.
“What the High Court thinks is right, may not necessarily be right outside (the court),” he added.
Meanwhile PAS vice-president Datuk Mahfuz Omar said Muslims must respect the decision of the High Court and remain calm.
“We must not be hasty and jump to conclusions. We should let the religious authorities to decide on its next course of action,” he said.
Asked if he agreed with the decision, Mahfuz ignored the question and reiterated that the country’s Muslims must respect the High Court decision and allow the religious authority to decide on its next course of action.
Though it is unclear if the Home Minister will seek to reverse the decision through the Appellate Court but he is likely to do so given the sensitivity of the issue.
Waytha Moorthy sues DAP’s DCM Penang, Ex Perak Exco, ASP Vasantha Kumar etc
HUMAN RIGHTS PARTY MALAYSIA
NO.6, Jalan Abdullah,
Off Jalan Bangsar,
59000 Kuala Lumpur,
Malaysia
Media Event (31/12/09)
Re : Hindraf Chairman P.Waytha Moorthy’s RM 100 Million Defamation Suit against DCM of Penang, immediate past Exco Member of Perak, police ASP in disguise as a “Hindraf leader” a DAP leader and six other local media companies.
Date: 31/12/09
Time: 11.30 a.m.
Venue: Kuala Lumpur High Court, Jalan Duta, Ground Floor
Thank you,
Yours faithfully,
______________
S.JAYATHAS
Information Chief
Indian victims never newsmakers of the year.
Malaysiakini top ten news. Indians have to die at police hands to make it. Race based news worthiness in Malaysia?
Newsportal for the “underdogs”?
It has not only been this year but for almost the last eight years or so that we taken note that the only time even critical Indian issues get to the top 10 even in Malaysiakini (Malayasikini 28/12/09), the News portal for the “underdogs”? is when they lose their life at the hands of the Malay-sian authorities. 
This year it was A. Kugan and that too it was the tail end at No.8 (Malaysiakini 28/12/09). We recallect that previously only S.Tharmarajen who also died in police custody and others who were killed in police custody made it to the top ten. Teoh Beng Hock was rightly made Malaysiakini’s news maker of 2009(Malaysiakini 30/12/09). But hundreds of other Indians also died very cruelly at the hands of the police but they don’t make it as the newsmaker of the year.
We must recognize however that during our most lean times Malaysiakini has given us the due coverage. We also appreciate their link to Top of blogs.
Most issues which concerns Indian victims however critical, unjust or unfair does not get the appropriate coverage for the only reason that the victims are Indians. 
The latest examples being the suicide of R. Seetha who committed suicide because her brother along with four other youths including a 17 year old juvenile were shot dead and killed in cold blooded murder by the police sharp shooters in their shoot to kill policy. 
The Kampong Buah Pala the last traditional Indian village in Penang destruction by Kapitan Lim Guan Eng and ably aided and abetted by his Indian Mandores. 
And the 100 over year old hindu crematorium at Ladang Batu Pekaka, Kuala Ketil being destroyed by PAS. Pray tell us of one Chinese, Muslim, Christian or Buddhist cemetery that gets destroyed like this in Malaysia or in fact in any other part of the world including Somalia or even Zimbabwe.
But these three events would not qualify as the top ten stories even in “our” Malaysiakini because the victims are the poor and working class Indians.
Thus the present critical state of affairs concerning the Indians in Malaysia.
If even our Malaysiakini can do this to the Indians what more the mainstream print and electronic media.
The press deem these Indian stories not press worthy meaning it does not appeal to the majoritarian Malay natives and the Chinese who make up about 92% of the population.
The Indians who make up a mere 8% however critical their problems are do not qualify to be the top ten or even most other news on a day to day basis. Simply because they are Indians Thus the critical Indian problems getting worst by the day as it does not get the appropriate attention.
This is where the US, Canada, Europe, Australia, New Zealand and the rest of the western world differs in that they do not use race as the yardstick for press worthiness but in fact even bend backwards to cover the weak minorities because the rich and powerful majority will be taken care of somehow.
In the aforesaid case where 5 Indians were shot dead by the police Malaysiakini covered their story only after a victim’s sister committed suicide after also giving her four children paraquat but who survived. But a Chinese national who was detained for eight days at a police lock instantly gets Malaysiakini coverage because it is newsworthy”.
Malaysia today is another classical example. RPK would cover just about any other issue expect when the victims are Indians. Go through his site and see for yourself if he excludes critical Indian issue.
Needless to mention UMNOs’, NST, Utusan, Berita Harian and the Star, Sun Malay Mail etc.
We have asked many many reporters including the many Indian reporters after a lengthy explanation as to why they sideline and side-step reporting even on the critical Indian problems. They all have no answer and remain mum. This is what we have for freedom of the press in Malaysia and reporting going by “news worthiness”.
S.JAYATHAS
HRP Information Cheif
Who do you think is “Indian of the year 2007-2009″ ?
Survey from:-
http://www.indianmalaysian.com/sound/modules.php?name=Surveys&pollID=8
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2.93% (83)
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