Once again justice is shamelessly sacrificed on the altar of political expediency by judicial shenanigans of the highest court in Bolehland. It is a sad day indeed to see how five “blind” men of supposed legal stature strove so hard not to see and sense what was staring at them in the Federal and Perak constitutions.
The judiciary – the very portal of justice continues to be reduced to a convenient playground for the ruling elite to legitimize their power grab, persecute their opponents and promote their political agenda, through the perversion of the rule of law by certain court jesters.
The Federal and Perak Constitutions are dead, done in by those who decided to disregard, desecrate and discard constitutional provisions to treat the doctrine of separation of powers with deference. They are rigorously and rightly interpreted only when it best suits Umno.
In stark comparison to the courageous, cogent and convincing judgment of High Court judge Abdul Aziz Abdul Rahim, the cowed five-member bench caved in and conveniently decided to take the cue from the powers that be.
It comes as no surprise that their “collective written judgement is apparently riddled with contradictions”.The five judges surely qualify for retired Justice N H Chan’s classic category of “recalcitrant” and “Humpty Dumpty” judges in the Perak conundrum.
Today the reputation of the judiciary or whatever was left of it, has been sullied irreparably. In the eyes of the public the judiciary has sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy.
The judiciary has made a decision ignoring the overwhelming implications. As toppled Perak MB Nizar Jamaluddin said: “If this decision goes on and becomes the law of the day, it will lead to an absolute monarchy (which) means the ruler can now dismiss the prime minister or the mentri besar at any time.”
The winds of change promised by the PM have turned into a stench of contemptuous compromise emanating from the corridors of the Palace of Justice. The rhetoric of the Chief Justice on a judicial renaissance and the Attorney-General on a “war against injustice” stink to high heaven.
In the halls of the Palace of Justice hangs a heavy suffocating air of hypocrisy whilst supposed men of honour with hollow character hang on to their high and lofty positions and holler, hype and harp on upholding and interpreting the constitution to the hilt as they hand out whimsical and warped judgments!
The Federal Court decision was merely the next logical step after the historic haste with which the judiciary helped Zambry back to the helm. Less than a day after the KL High Court had ruled in Nizar’s favour, and three hours after Zambry had filed for a stay of execution, a one-man Court of Appeal readily heard the latter and granted him a stay two hours later! Zambry won his appeal 11 days later!
The Federal Court ruling is the climax of the shocking and scandalous manner the judiciary has handled the Perak crisis. It has left behind a dead constitution, “bad” and “perverse” decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards.
The judiciary was bursting with bias which even the blind could see!
The added fact that the “Perak cases” were made the exclusive domain of a few judges in the High Courts and especially the Appellate Courts strongly suggests a hidden hand of one who obediently followed the instructions of the same Umno elite who hijacked the Perak state government by high-handed, hideous and heinous means.
What is next fellow Perakians? Yes it was a very unfair judgment but then again life is unfair! Shall we move on and win the war in spite of having lost the battle today? Let us leave the judiciary and the those who make a mockery of our justice system to swim and drown in their own judicial vomit.
Surely the past one year had drawn the rakyat of Perak closer together and made us more daring and determined to dream and drive ourselves towards a Government we really want in Perak. Personally, I have never been to so many PAS ceremahs before in my whole life!
Indeed the Perak Constitutional crisis had forged and fostered formidable comradeship amongst the leaders and members of the parties of Pakatan Rakyat (PR) in Perak. Who can forget the kind of support the PR Aduns gave to one another as they tried to enter the State Assembly or the historic raintree State Assembly? The crisis also revealed the real friends and foes of PR.
The struggle made us Perakians realize that there were heroes amongst us – an MB with an indomitable spirit, a Speaker whose courage became an inspiration to many, a retired judge intensely committed to the law, intrepid principled politicians in the coalition and unknown individuals willing to risk involvement – surely in continued synergy we will be able to serve up a surging and unstoppable wave of change…in the next General Elections!
Wednesday, February 10, 2010
Justice is done in by the Federal Court
When a Malaysian is not a Malaysian (Malaysiakini)
Salhan K Ahmad (Malaysiakini)
Unlike other children, 14 year old Darshin Ponnuthurai has been unable to attend school for the past few weeks due to complications with her application to attend school, according to her adoptive parents.
“We submitted the necessary forms on Jan 11. However, the Selangor state education department did not get back to us till today,” said a worried Ponnuthurai Manickam, her adopted father.
He said that his daughter had not encountered any schooling problems thus far, but things changed when she tried to apply for a transfer to SMK Taman Tasik in Ampang.
He added that the matter has also been brought up with the Prime Minister’s Department Public Complaints Bureau, but had later been informed that it was under the deliberation of the Home Affairs Ministry.
Ponnuthurai spoke to reporters today at a press conference organised by the Human Rights Party Malaysia (HRP) in Kuala Lumpur.
He explained that Darshin holds permanent resident status although she was born in Kuala Lumpur, as they could not trace her biological father.
HRP pro-tem information chief S Jayathas urged the National Registration Department to issue Darshin an identity card within two months as she was born in this country after Sept 1962.
He argued that under the federal constitution, Darshin is a citizen and should have an identity card as she was born here.
When contacted today, SMK Taman Tasik headmaster Zaini Mohammad Zain advised the parents to follow the proper procedures set by the Home Affairs Ministry.
See Video:- http://www.youtube.com/watch?v=yRQtWLOAvPU
Photos: HRP Nibong Tebal forum on 24/1/2010
We arrived a little bit late at about 9.00 p.m at the Vinayagar Hindu Temple, Nibong Tebal. The focus point at this forum was the demolishment of the oldest and only Indian traditional village of Kg. Buah Pala in Penang and the 28 Tamil schools in Penang that has been denied Penang state government land. And how the Towkay Lim Guan Eng uses his DCM II Indian mandore to divert attention away from Kg. Buah Pala to the Hindraf Accounts and the civil suit against the British government.
After this forum we had a private meeting with about 30 key members of the Nibong Tebal support group. This meeting ended at 12.30 a.m and we arrived home at 4.00 a.m.
P. Uthayakumar.
Photos: HRP Paya Besar,Kedah forum on 24/1/2010
HRP Paya Besar forum on 24/1/2010, Kedah M.B targetted for demolishing Ladang Batu Pekaka, Kuala Ketil Hindu cemetary.
At about 3.00 p.m we began with the Paya Besar HRP Forum at the local Mariaman Hindu Temple. About 200 people were in attendance. After P. Uthayakumar’s 180 slide show presentation on the exclusion of the ethnic minority Malaysia and the critical Indian problems highlighted by the Human Rights Party. The National Adviser Mr. N. Ganesan rounded up by asserting our forward action plan that is the Indian political empowerment strategy, which would lead to securing 15 Indian majority Parliamentary and 38 state seats. A question and answer followed and a closed door meeting with key HRP members of the Padang Serai Parliamentary Constituency.
S. JAYATHAS
HRP Information Chief
Photos: Henreta Estate, Padang Serai Muneswarar Temple Annual Festival (Thiruvila). 24/1/10
HRP team comprising P. Uthayakumar, S. Jayathas and P. Karuna arrived at about 1.00 p.m and was greeted by the temple President. After a short prayers and a brief address and on our way out we could not help but again noticieng only three lamp posts were outside the Henreta Tamil school which was located next door. Otherwise there were no street lights from the main road to the Henrata Tamil school or from this tamil school to the next door where a hundred year old said Muneswaraer temple is. This extent of discrimination even involving street lights does not happen in any part of the world, the last having taken place in apartheid South Africa in 1989.
S. JAYATHAS
HRP Information Chief
S’gor PKR Indian Exco mandore and his tuan MB mocking Indians with mock cheque
The very same mock cheque is used again and again, over and over again to mislead and cheat the Indian community by the PKR DAP and PASs’ mandore politics which they inherited from BN. Menteri Besar Tan Sri Khalid and his Indian Exco mandore has the cheek to even carry the mock cheque over their heads which even UMNO and their MIC mandores had never done in their 52 year old reign and regime had never done.
Why merely a RM 50,000.00 mock cheque?
We have received numerous complaints of this RM 50,000.00 donations never actually reaching the said Hindu temples, Tamil schools and crematoriums.
In conclusion why can’t this Tuan Selangor Menteri Besar allocate and grant land to all Hindu temples, crematorium and tamil schools in one go and permanently settle and solve this problem once and for all, rather than in a piecemeal basis. This can be done by merely a stroke of the Selangor Menteri Besar’s pen further to Section 76 of the National Land Code, where he is empowered to do so.
The primary issue and need is for tamil schools and Hindu temples to be located on their own land. For this to happen, and to enable the tamil schools to become fully government assisted, the state governments must acquire the land on which the schools are situated and hand it over to the school. In certain circumstances the school needs to be relocated to a piece of land allocated to the school. This is the only sure way to resolve the perennial problem with schools and temples. Grants and donations are a subsidiary matter. No amount of donations is going to resolve the primary issue. The question of schools and temples residing on their own land is the primary issue, and that is what HRP is concerned with. And this does not require federal rule but simply a signature to acquire the land by the menteri besar.
P. Uthayakumar
Tuesday, February 9, 2010
'Once bitten' Hindraf shies away from Pakatan - Malaysiakini
“Any debate on Hindraf backing Pakatan at the polls is like flogging a dead horse. The question does not arise at all,” Waythamoorthy said by phone from London.He added that the two brothers are willing to work with anyone “short of the devil”, on the agenda for change and reform.
“This must not be seen as a polls pact. No one is going to ride to victory any more at the polls on the backs of Indian Malaysians.”
He was giving his take on a report that Pakatan can win back its lost Indian votes by teaming up with the now-outlawed Hindu Rights Action Force (Hindraf).
It was the Indian vote in 67 key parliamentary seats that gave Pakatan the winning edge in five states and Kuala Lumpur, in the 2008 general election.
The votes were marshalled by Hindraf after the Nov 25, 2007 street demonstration in Kuala Lumpur and the more peaceful 'rose rally' in Putrajaya on Feb 16, 2008.Waythamoorthy further claimed that Pakatan is doing nothing in the states that it governs to end the continued marginalisation of the Indian community from the mainstream.
This is the main reason why a future election pact is not on the table.
“Indian legislators in the opposition have been forbidden from raising issues of the community in any forum, public or private” he alleged.
Complaints against Pakatan
Waythamoorthy said his brother is in agreement with him that they need to keep a good distance from Pakatan, explaining this was on a 'once bitten, twice shy' basis.
Uthayakumar (left) is pro-tem head of the Human Rights Party - described as Hindraf's political wing - while Waythamoorthy leads Hindraf Makkal Sakthi, the new face of Hindraf.Waythamoorthy trotted out a litany of complaints against Pakatan, in particular, several of its leaders.
De facto PKR leader Anwar Ibrahim is said to have misled the Indian community on the post of deputy menteri besar in Selangor, among other matters.
Both Penang Chief Minister Lim Guan Eng and his deputy P Ramasamy are seen as having turned against the community since the last general election.
HRP may challenge Nizar in possible Perak elections - Malaysiakini
HRP pro-tem secretary-general P Uthayakumar announced at the Sitiawan Recreation Club over the weekend that the party - the political wing of Hindraf - will also contest in six other seats.
These are Buntong, Hutan Melintang, Jalong, Changkat Jong, Jelapang and Sungkai.
As a result, there will be a likelihood of a three-way contest in these seats. There are 59 state seats in Perak.
The Federal Court will rule tomorrow as to whether to allow Nizar's appeal to challenge Barisan Nasional's Zambry Abd Kadir as the menteri besar.
Nizar has promised to call for state elections to resolve the political imbroglio if he wins. Zambry, however, will continue to lead the silver state if he emerges victorious.
Perak's constitutional crisis has been going on since Feb 6 last year.
Buntong has 46.2 percent Indians
Uthayakumar said it is likely that the HRP may contest, either under its own banner or field Independents.
Of the seven state seats, Buntong has the highest number of Indian voters, comprising 46.2 percent of the electorate.
It is followed by Hutan Melintang (32.1 percent), Jalong (26.7 percent) and Changkat Jong (26 percent)
Jelapang, Pasir Panjang and Sungkai have fewer than 20 percent Indian voters.
Uthayakumar announced the formation of the HRP, which he described as a multiracial party, on July 19 last year.
"We will fight our own cause... we can't count on others to do so for us," he said, adding that Pakatan Rakyat, like Barisan Nasional, is not addressing the needs of marginalised groups.
Re : UMNO DBKL’s crime of demolishing Om Sri Maha Kaliaman Alayam hindu temple at Setapak Air Panas, Malaysia
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 :
Date : 8/2/2010
YAB. Dato Seri Najib Razak
Prime Minister of Malaysia
Blok Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan, Fax: 03-88883444
62502 Putrajaya E-Mail: najib@pmo.gov.my.
Y. B. Senator Dato Raja Nong Chik bin
Dato Raja Zainal Abidin
Menteri Wilayah Persekutuan,
Aras 4, Blok B2,
Menara PJH, Presint 2,
Pusat Pentadbiran Kerajaan Persekutuan, Fax: 03-88891411
62100 Putrajaya. Email: datoraja@kwp.gov.my
Y. Bhg Dato Ahmad Faud bin Ismail
Dato Bandar Kuala Lumpur Fax : 03-26919664
Tingkat 27, Menara DBKL Email : datukbandar@dbkl.gov.my
Jalan Raja Laut
50350 Kuala Lumpur
Re : UMNO DBKL’s crime of demolishing Om Sri Maha Kaliaman Alayam hindu temple at Setapak Air Panas, Malaysia
On the one hand the Prime Minister visits Batu Caves, Madras and New Delhi but on the other hand he orders the 60 year old Om Sri Maha Kaliaman Alayam temple to be demolished first thing this morning at 9.00 a.m even while the hindu devotees were performing their prayers.
This is in tune with the Tamil proverb of singing the religious Thevaram on the one hand but demolishing the Sivan Temple on the other hand
This kind of atrocities does not happen in any other part of the world expect in the Malay-sian Prime Minister’s One Malay-sian hindu temple demolishment policy.
We regret to note that your goodselves have no regard or respect for Parliamentary democracy as there was a Ministerial undertaking by the Wilayah Persekutuan Minister in Parliamanet early last year that no hindu temples would be demolished anymore in Malaysia.
We also regret that this is happening with impunity is also because even the eighty –two (82) supposedly multi racial Opposition PKR, DAP and PAS MPs’ especially their eleven(11) mandore Indian origin MPs had not and would not seriously persue this matter in Parliament or as a national issue.
We hereby call upon your goodselves to forthwith instruct the issuance of an official government circular to:-
1) Forthwith stop all further hindu temple demolishments in Malaysia.
2) Grant land and gazette all hindu temples in Malaysia forthwith.
Thank you,
Yours faithfully,
P. Uthayakumar
HRP to contest 7 seats in Perak. Media Statement 8/2/2010
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 :
Date : 8/2/2010
HRP to contest 7 seats in Perak
Media Statement 8/2/2010
HRP would be contesting in seven (7) state seats in Perak in the event of the dissolution of the Perak state assembly tomorrow. The said (7) state seats were announced at two Hindraf/HRP forums at the Tan Kongsi Hall, Jalan Simpang, Taiping on 6/2/10 and the Sitiawan Recreation Club (SRC) by our party Secretary General (pro tem) P. Uthayakumar as follows:-
1) N.30 Buntong (Indians - 46.2%)
2) N.54 Hutan Melintang (Indians - 32.1%)
3) N.22 Jalong (Indians - 26.7%)
4) N.56 Changkat Jong (Indians - 26.0%)
5) N.31 Jelapang (Indians - 20.2%)
6) N.51 Pasir Panjang (Indians - 19.1%)
7) N.57 Sungkai (Indians - 19.0%)
HRP is in touch with the third force parties in Sabah and Sarawak and is likely to contest under their party ticket if not as a group of independents.
Thank you.
S. Jayathas
Information Chief
Monday, February 8, 2010
Saturday, February 6, 2010
Waythamoorthy: We're not racist - Malaysiakini
"We just can't understand this racist label pinned on us through no fault of our own," he told Malaysiakini.
"People who say that we are racists should first examine the meaning and definition of the term," added the Hindraf leader who is on self-imposed exile in London.
Waythamoorthy was responding to an avalanche of public comments against him.This followed mostly calls in Sabah and Sarawak that PKR supremo Anwar Ibrahim should re-assess his position in the party. Waythamoorthy was quoted in the article as well.
He reiterated his charge that Umno has over the past half-century finally degenerated into a racist organisation.
But he disagreed with the assertion that Hindraf and Umno are similar or that it is a case of "the pot calling the kettle black".
"A racist is one who denies other people their place in the sun and their legitimate rights under the Federal Constitution. That's Umno. That's the truth whether some people like it or not.
"A person fighting for his place in the sun and his rights under the Federal Constitution – read Hindraf – cannot by any stretch of the imagination be labeled racist. That would be defamation," he stressed.
The Hindraf view is that Umno has in fact emerged as the single greatest threat to the security of Malaysia "because of the irresponsible and infantile manner in which they conduct their politics".
He cited the lingering 'Allah' controversy as an example.
Only Indian issues
The Hindraf chair also readily admitted that he only talks about Malaysians of Indian-origin all the time and their issues.
However, Waythamoorthy sees nothing wrong with this approach "since we are in line with the Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities adopted as Resolution 47/135 by the UN General Assembly on Dec 18, 1992".
He claimed that if he and his brother Uthayakumar do not speak up on Indian issues as human rights lawyers, "no one else in Malaysia will".
Uthayakumar, the elder brother of Waythamoorthy, is the pro-tem president of the Human Rights Party (HRP).
While dismissing MIC as a party led by a "bunch of self-serving sycophants", Waythamoorthy also claimed that Pakatan's Indian reps have been barred from raising issues concerning the community "for fear that they will show up Pakatan as being ineffective and antagonize the non-Indians".
"I am an Indian. I know only Indian issues and no one is taking up their cause," he reiterated on what "is good enough for him."
"I know that other Malaysians are also being systematically marginalised as well by the system. It's not my business to speak up for them," he said.
'Examine your conscience'
The Hindraf chair again stressed that he has done his part for other Malaysians by arranging a briefing on the Malaysia Agreement at the House of Commons in London on March 9.
The delegation of other Malaysians to the briefing is expected to be led by Jeffrey Kitingan who, among others, heads the Borneo Forum, an NGO.
Elsewhere, Waythamoorthy has also made contacts with the British Prime Minister's Office, the Foreign and Commonwealth Office and the Commonwealth Secretariat to bring the plight of Sabah and Sarawak to world attention.
He also hopes to help East Malaysian states at the European Parliament, the US State Department and the United Nations just as he has done for Hindraf.
"We have been reaching out to other Malaysians in our own way although we are very busy pushing our own case worldwide.
"If I am a racist, surely I won't lift even a finger to help others fight for their place in the sun," he said.
