Wednesday, March 30, 2011

Raja Dr. Nazrin Shah: "lawyers must never mock the courts.” HRP – provided courts dispense justice as in western civil societies and not act like another UMNO govt dept.

We mean no disrespect to DYMM the Raja Muda of Perak but we truly believe in Justice (see NST 29/3/11 at page 4). As a first year law student in England in the 1980’s one of the most celebrated legal principles we first studied in Constitutional law is that Justice must not only be done but must manifestly and undoubtedly be seen to be done.

In Malaysia the UMNO run courts beginning from the Magistrates Courts to even the Federal Court are nowhere to be seen to be dispensing Justice as in the Western civil societies at least in so far as the Malay-sian Indian poor vis a vis Hindraf Makkal Sakthi and HRP are concerned .

As late as this month from the 1st to the 4th of March 2011 as the tip of the iceberg case some 53 Hindraf Makkal Sakthi activists including Secretary Ramesh Periasamy was maliciously prosecuted at the K.L., Selayang, Ipoh and Seremban Magistrates Court for merely being a member of Hindraf Makkal Sakthi, a minority and human rights NGO.

No where else in any world democracy except in absolute monarchy Saudi Arabia has anyone ever been prosecuted for merely having been a member of a Minority and Human Rights NGO.

This is only possible in the racist and religious supremacist UMNO One Malay-sian Courts.

Ramesh was slapped with an RM 8,000 bail by the Malay-sian K.L. Court when the maximum fine is only mere RM 5,000. What level of Justice can we expect from this UMNO Court?

To us even the chance of Justice is not even a starter .

For all the 53 Hindraf Makkal Sakthi activists an excessive RM 111,000. Bail was imposed when they are no criminal intent but merely championing the Malaysian Indian poor public interest.

P. Uthayakumar (a lawyer of 20 years standing) for alleging “ethnic cleansing” (the Kg. Medan state sponsored murders and 100 over caused grievous bodily harm) in his letter of complaint to the British Prime Minister Gorden Brown was prosecuted for Sedition and a bail of RM 50,000 was imposed by the K.L Sessions Court Judge Sabaraiah binti Othman when the maximum fine is only RM 5,000.

We dread thinking of the full trial to us Justice is a non starter. Injustices will be the order of the day in the Malay-sian Courts. And a conviction is a foregone conclusion which would be determined by the racist UMNO Executive.

Also this month (March 2011) the K.L. High Court dismissed the ISA Civil Suit of lawyers P. Uthayakumar and M. Manoharan without even the UMNO government of Malay-sia having to file their Statement of Defence. If this can happen to even lawyers of 20 years standing seeking Justice, what can the common Indian man on the streets of Brickfields expect?

Last month the Court of Appeal at Putrajaya dismissed Uthayakumar’s civil suit appeal again without even the UMNO government having to even open their mouth on the very serious LTTE terrorist allegation made against Uthayakumar which was the basis of his ISA detention for 514 days.

If the Malay-sian Courts does not dispense, where else do you go to clear your name that one is not a terrorist?

Malaysia’s apex Court, the Federal Court even dismissed the forced to convert to Islam cases of Shamala, Corporal Moorthy and Subashini. All when even Islam forbids forced conversion to Islam and when Article 11 of the Federal Constitution guarantees Freedom of Religion .

This is just the tip of the iceberg of the injustices meted out to especially the Indian poor. We have a whole list which we would be making public soon.

Be that as it may we have never been deterred and neither has it stopped us; we knew what we were getting into right from the very beginning.

Our Hindraf Makkal Sakthi struggle will continue irrespective until all the even up to the sixth generation Malaysian born Indian poor is treated as equal citizens like any other Malaysian citizens as is enshrined in Article 8 of the Federal Constitution.

We too are the sons of this soil. The Indian poor are also the bumiputeras of Malaysia why then should they in particular be targeted under UMNO’s acts of gross racism and religious extremism. We are born in Malaysia, raised in Malaysia and will die in Malaysia.

The Malay-sian courts literally let UMNO get away with even murder.

How then not to mock the Malay-sian Courts.

Rights not Mercy.

P. Uthayakumar

raja nazri