HIndraf Makkal Shakti

Wednesday, September 8, 2010

What ‘Social Contract’ Mr. Prime Minister Najib? Where is it in writing? Or is it license to bully the poor and politically powerless Indians? Why supremacist Article 153 after 53 years of Merdeka?

In today Utusan Malaysia headlines 7/9/10 the racist and religious supremacist UMNO Prime Minsiter Najib Razak plays to the 60% majoritarian Malay muslim gallery with the headlines screaming to the effect, “Don’t question Malay muslim supremacy in One Malay-sia”.

To start off with where is this much hyped about Social Contract in writing? There is nothing in writing! When the social contract is not in writing how can one even question it in the first place? But only going by the Malay muslim supremacist logic is this possible. And not by the universally accepted standards.

Well it is never in the Federal Constitution as we have perused the proposals to the Reid Commission which formulated Article 153 of the Federal Constitution.

The closest is where we can only see the then Alliance Party’s (now Barisan Nasional) proposal to the Reid Commission, the gist of which is in ‘50 years of Violations Of The Federal Constitution By The Malaysian Government’, compiled by P. Uthayakumar: Venue : Selangor Chinese Assembly Hall Kuala Lumpur on 28/7/2007 at 7.00 p.m. Organised By : Hindu Rights Action Force (HINDRAF) at pages 34, 35 & 36 are as follows:-

These are the only provisions that our nation’s forefathers had agreed to as stated by UMNO Prime Minister Najib Razak in The Sun 7/9/10 at page …..

But there is nowhere in the Alliance proposal of the much hyped Article 153 of the Federal Constitution it shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak which permits or authorizes the Malay muslims to sweep clean @sapu licin and dish out mere peanuts and crumbs to the Indians for UMNO’s wayang kulit showpieces and showcases.

Why go far. In fact the second limb of Article 153 “the legitimate interests of other communities in accordance with the provisions of this Article” protects especially the Indian poor from being segregated and excluded from the mainstream development of Malaysia.

But UMNO refused to follow the Federal Constitution or the law. UMNO uses their majoritarian might the 100,000 almost all malay muslim police force, another 100,000 or so army and the 1.2 million civil servants to segregate and socially engineer to keep the poor Indians poor and make the poor Indians poorer.

The brute truth is UMNO keeps harping on Article 153 and the social contract to bully especially the poor Indians and keep them segregated from One Malay-sia. Najib is telling the Indians that the cream and meat is for the Malay muslims and the leftovers and crumbs for the Indians and Najib insists that this is One Malay-sia.

P. Uthayakumar

Tuesday, September 7, 2010

DON’T QUESTION SOCIAL CONTRACT OTHERWISE THE MALAYS WOULD GET ANGRY AND GO ON AM...OK

DON’T QUESTION SOCIAL CONTRACT OTHERWISE THE MALAYS WOULD GET ANGRY AND GO ON AM...OK. WHAT IS SOCIAL CONTRACT IS DETERMINED BY UMNO AS IT SUITS US. IF YOU QUESTION MALAY RIGHTS AND PRIVILEGES THERE WOULD BE BLOODBATH. MALAYS ARE SUPREME RACE WHO CANNOT BE QUESTIONED!!
NAJIB CAN YOU TELL US WHAT IS THE MEANING OF ARTICLE 8 OF THE FEDERAL CONSTITUTION???THE SECOND PART OF ARTICLE 153 TALKS ABOUT THE LEGITIMATE INTERESTS OF OTHER COMMUNITIES??UMNO CAN STEP AND TRAMPLE ON THE NON-MALAY RIGHTS AND YET WHEN THEIR CONDUCT IS QUESTIONED THEY THREATEN US WITH VIOLENCE AND BLOODBATH.

ARENT THERE ENOUGH MODERATE MALAYS WITH GUTS OUT THERE TO ORGANISE A DEMONSTRATION IN SUPPORT OF EQUALITY AND THE RIGHTS OF NON MALAYS???ARENT THERE ENOUGH MODERATE MALAYS WITH GUTS OUT THERE WHO WOULD DARE SAY ALL HUMAN BEING ARE BORN EQUAL UNDER THE SUN AND THE LAW OF NATURE??See More
By: Waytha Moorthy

Ops Padam Hindraf ASP loses defamation suit and ordered to pay cost of RM7,000 to Senior Hindraf Coordinator.

NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia

Tel: 03-2282 5241 Fax: 03-2282 5245

Website: www.humanrightspartymalaysia.com Email:info@humanrightspartymalaysia.com

Media Statement (6/9/2010)

Ops Padam Hindraf ASP loses defamation suit and ordered to pay cost of RM7,000.00 to Senior Hindraf Coordinator.

This morning (6/9/2010) the Kuala Lumpur High Court Judge Datin Zabariah Othman dismissed ASP Vasantha Kumar’s civil suit No S-23-6-2010 for defamation against Hindraf National Coordinator Tamil Selvam A/L Krishnasamy and had ordered ASP Vasantha Kumar to pay K.Tamil Selvam costs of RM7,000.00.

In his defamation suit ASP Vasantha Kumar had alleged that Tamil Selvam had at a Press Conference held at Rawang and reported in the Tamil daily Makkal Osai on 8/7/09 said :-

1) referred to Vasantha Kumar as a “suspected” police planted guy in Hindraf “who made wild accusations on Hindraf and it’s true leaders.

2) ASP Vasantha Kumar was since the day of his “release from ISA” had been alleged to have been throwing wild accusations on Hindraf.

3) The Hindraf struggle is not for money but about poor Indian rights championed by P.Waythamoorthy and P.Uthayakumar who are the true leaders leading Hindraf. The fact that Hindraf still exist because of P.Waythamoorthy and P.Uthayakumar and we maintain and sustain the real struggle under their leadership till today.

4) Why are they (ASP Vasantha Kumar) attacking Hindraf. They are diverting the real struggle staged by true Hindraf leaders.

In the written submissions to the Kuala Lumpur High Court, Tamil Selvam’s lawyer P.Uthayakumar had submitted that:-

“ (4) Plaintif telah secara mencurigai dan/atau dengan niat dan/atau motif serong enggan dan gagal memberitahu pekerjaan sebenarnya dalam menyangkal persepsi umum yang beliau adalah seorang pegawai dari pasukan polis perisik Cawangan khas E3M.

(5) Walaupun Defendan (Tamil Selvam) telah lama terlibat dengan Hindraf sejak tahun 2006, tetapi Defendan (Tamil Slevam) telah tidak pernah mendengar nama atau berjumpa dengan Plaintif (ASP Vasantha Kumar) sehingga lebih kurang tiga bulan sebelum Plaintif kononnya ditangkap dan ditahan dibawah Akta Keselamatan Dalam Negeri (ISA) (yang dinafikan disini).

(6) Plaintif (ASP Vasantha Kumar) dalam kesemua kertas caranya telah tidak menyatakan bila sebenarnya beliau telah menjadi seorang pemimpin Hindraf, siapa yang melantiknya dan dalam keadaan apa beliau telah menjadi seorang pemimpin Hindraf.

(7) Kecuali Plaintif, (ASP Vasantha Kumar) tidak ada sejarah di Malaysia dimana seseorang telah ditahan dibawah ISA dengan penglibatan untuk tempoh hanya cuma selama tiga.

(8) Plaintif (ASP Vasantha Kumar) telah “diistiharkan” sebagai seorang Ketua Hindraf hanya oleh Ketua Polis Negara pada 13/12/07 iaitu hari beliau kononnya ditangkap dan ditahan di bawah ISA.

(9) Plaintif telah gagal memberikan kronologi dan sejarah NGO-NGO yang diceburinya, jawatan- jawatan yang dipegangnya dan dokumen- dokumen sokongannya dalam membuktikan yang Plaintif bukanlah seorang pegawai dari pasukan polis perisik cawangan khas E3M.

(10) Satu Google search telah dibuat oleh Defendan (Tamil Selvam) mengenai nama Plaintif yang tidak menunjukkan sebarang “postings” langsung mengenai nama Plaintif sebelum 13/12/2007 iaitu tarikh kononnya beliau ditahan dibawah ISA.

(11) Pertanyaan (Inquiries) Defendan (Tamil Selvam) menunjukkan yang tidak ada mana- mana ahli politik atau ahli NGO yang mengenali Plaintif sebagai seorang aktivis politik atau aktivis NGO sebelum kononnya penahannya di bawah ISA pada 13/12/2007.

(12) Plaintif (ASP Vasantha Kumar) adalah seorang individu yang penuh bermisteri dan telah layak menjadi kononnya “pemimpin Hindraf” hanya semata- mata berdasarkan kepada kononnya penangkapannya dibawah ISA pada 13/12/2007 oleh Ketua Polis Negara.

(13) Tugas dan tanggungjawab Plaintif (ASP Vasantha Kumar) selepas kononnya dibebaskan dari tahanan ISA adalah jelas hanya untuk mengelirukan dan memecah- belahkan Hindraf dan masyarakat India melalui terutamanya akhbar- akhbar dan media massa Tamil.

(14) Plaintif telah hanya membuat “bare denials” kepada tohmahan- tohmahan Defendan diatas dalam Jawapan kepada Pembelaan (oleh Plaintif) sebelum daripada ini.

(15) Jika diteliti keseluruhan afidavit sokongan Defendan yang telah diikrarkan pda 5hb April 2010 kemusykilan-kemusyikilan yang sangat serius telah dibuat mengenai identiti sebenar Plaintif dan perwatakan dan peranannya yang penuh bermisteri dalam Hindraf.

(16) Tetapi dalam afidavit balasannya Plaintif (ASP Vasantha Kumar) telah hanya dalam perenggan keempat Afidavit balasannya yang telah diikrarkan pada 10hb Ogos 2010 cuma secara “kosong” (bare denials) dan tidak mahu menjawab kepada persoalan Plaintif (ASP Vasantha Kumar) tersebut telah cuma menjawab seperti berikut:-

4. Saya mengikrarkan Afidavit ini untuk menjawab Afidavit Defendan (K.Tamil Selvam) dan merujuk Perenggan 6 hingga 27 dan menyatakan seperti berikut:-

a)Pernyataan-pernyataan Defendan (K.Tamil Selvam) adalah tidak relevan, berskandal, penafian dan pernyataan kosong dan remeh;

b) Defendan (K.Tamil Selvam) tidak mendedahkan apa-apa merit dalam Afidavit Defendannya mahupun alasan yang diberi dalam Permohonan Defendan;

5. Saya menegaskan bahawa tuduhan-tuduhan yang dibuat oleh Defendan (K.Tamil Selvam) tidaklah berasas, tanpa bukti dan adalah suatu yang berunsur niat jahat dan dengan tujuan untuk mengelirukan Mahkamah Yang Mulia ini.

(17) Perenggan Keenam sehingga Kedua-puluh tujuh afidavit Defendan K.Tamil Selvam tersebut adalah dua-puluh satu perenggan tetapi jawapan Plaintif (ASP Vasantha Kumar) adalah cuma tiga perenggan sahaja seperti diatas.

(18) Jika Plaintif (ASP Vasantha Kumar) berani mengapa dan kenapa Plaintif enggan/gagal/cuai menjawab kepada kemusykilan-kemusykilan yang ditimbulkan oleh Defendan (K.Tamil Selvam) satu per satu seperti yang dinyatakan dalam Pernyataan Pembelaan Defendan (K.Tamil Selvam) dan juga dalam duapuluh-satu perenggan dari perenggan 6 hingga ke 27 Afidavit Defendan (K.Tamil Selvam) yang telah diikrarkan pada 5/04/2010 seperti yang dinyatakan diatas.

(19) Oleh kerana Plaintif (ASP Vasantha Kumar) takut kepada kebenaran maka Plaintif berselindung disebalik perkataan “tidak relevan” dan sebagainya seperti yang telah dinyatakan di atas”.

Lawyer P.Uthayakumar appeared at the Kuala Lumpur High Court this morning for K.Tamil Selvam. ASP Vasantha Kumar is represented by lawyer G.Ragumaren. K.Tamil Selvam’s solicitors M/s Kumar Hashimah & Co has today sent a letter to Vasantha Kumar’s solicitors G.Ragumaren & Co demanding the award court cost of RM7,000.00 to be paid to K.Tamil Selvam forthwith and in any event within (7) days from today.

Hindraf maintains that ASP Vasantha Kumar is not known to both P.Uthayakumar or P.Waytha Moorthy or any other key Hindraf members until about three months before the Hindraf Rally on 25/11/07 and in fact had spoken to lawyer Manoharan Malayalam for the first time only at the Kamunting prison. ASP Vasantha Kumar remains a mysterious character up to date.

Despite police reports lodged, the Inspector General of Police has yet to reveal the truth as to who is this ASP Vasantha Kumar, whether this ASP Vasantha Kumar is indeed an E3M police special branch officer planted into Hindraf and assigned to create confusion, break up Hindraf under Ops Padam Hindraf Neither has the IGP replied to Items No 4 to 19 hereinabove.

S.Jayathas

(Information Chief Hindraf)

Raja Petra: Non anti Indian starts with Malaysia Today also publishing pressing Indian problems.

Dear PRK, my response on your take on HINDRAF – R. Shan (Human Being)
The first thing that irked me is your statement

“There are those who say I am anti-Indian or anti-Hindraf. My outspokenness towards a single-race struggle has been condemned as that of an anti-Indian or anti-Hindraf stance. And many who propagate the Hindraf cause have taken me to task for this perceived ‘anti’ stance. Maybe it is time I made my stance clear, for whatever it is worth”.

Frankly, I don’t think there is any truth to it. Nobody questioned you nor indicted you in the cyber world if you notice that you actually do not carry any HINDRAF news at all unless it actually warrants for whatsoever reasons that you decide to publish it.

I guess the rebuttal that you face is if alike others for a political reason, you ran an oiled agenda to portray them as racist but now you make your stance, therefore there are quite a considerable sympathizes who would castigate you to clear the air even with your so called the elite NATO commenter’s.

You say the HINDRAF case should be a Malaysian cause, let’s look at the factual aspect of it. Tell me or show me how many of the moderate bloggers and liberated bloggers from either the Malays or other non Malay carry their news? Look even at Malaysia Today, even they don’t carry HINDRAF news to ensure the tilt of the artificial power of the arm chair critics stays in course without making an actual change.

Now, I look back and ponder, how have this “semua tahu” community in the comments have made the change that most desire for others, other than voicing their frustration as tomorrow is just another day in their day to day life but not for those in poverty and discriminated. Sure we are also discriminated, but we are with choice not those without choice yet we sit and brood irrespective of race, religion or color.

Sorry, RPK, I maybe blunt in my approach but I alone cannot defeat the forces of evil unless and until I recognize the purpose in such exercise that can benefit Malaysians at large. That purpose can only exist if you are genuine in your approach rather than to pander to those commenter’s who will talk about the whole nine yard yet when action is required, swivel into their coconut shell for their own needs. Please enlighten me how many of the the ultra vires bloggers or alternative media carry HINDRAF/ HRP news or why they have not approached HINDRAF?

Just look at the some of the comments on your site on this article, they don’t even know what they are talking about, because, you are just a temporary reprieve for the moment until you exist, then it is history as they will move on in their own way and you will in your own way .

RPK, I feel rather than giving political and appeasing speeches, we should support any cause that addresses the needy and those deprived even if it involves a certain segment of a group. It has to start somewhere. Nobody denies that others are as vulnerable as the Malaysian Indians are in the current situation, but the nonchalant attitude towards Malaysian Indians should not be used as a political agenda as and when it fits an agenda.

I think, HINDRAF knows what it wants for the poor and the poverty stricken to salvage even if it starts with the Malaysian Indians, but more pertinent is people need to be more akin to their agenda on a humanity aspect rather than that appeases our glorified commenter’s.

For a start in a pro active manner, you should include and highlight HINDRAF / HRP issue as often as you can in your site amongst others, then we would know that you actually mean what you say.

R. Shan (Human Being)

Monday, September 6, 2010

Stateless in Malaysia - the poor suffer most

(Malaysiakini) Fifteen year old Citra Dorai was born in a prison in Alor Setar and her knowledge about the circumstances surrounding her birth is rather vague.

She has been illiterate all her life as she does not have a birth certificate or an identity card which makes it impossible for her to register for any school.

stateless persons gather perai 050910 citra dorai on right

stateless persons gather perai 050910 citra dorai on right

Her mother died recently and her father has left her and two other siblings in the care of an aunt, and Citra (left) is totally uncertain of her future.

"I want to be like everyone else, to go to school, and to have something to do in the future," she said, teary-eyed.

Citra, is among 40-odd stateless persons who turned up at the Human Rights Party's office in Perai today, to fill in their national registration forms.

More than 20 children, with ages ranging from two to 15 years, were accompanied by their equally stateless parents, to try and reverse their situation by registering their plight.

The effort is part of the HRP's national campaign to assist stateless persons, as most of them come from the Indian community.

Citra is also part of the 150,000 Malaysians who were born and bred in the country but who continues to suffer as stateless persons for various reasons ranging from not having parents' with citizenship to refusal to follow suit when a spouse or parent converts to Islam.

Disappointing meet

On Aug 13, HRP leaders met with NRD officers in Putrajaya, but came home feeling disappointed that the officers gave the impression that the problem was not as serious as they had made it out to be, said the party's national advisor N. Ganesan.

"But we have proven our point, in just a month, without even a campaign, only word by mouth, we have managed to gather some 40 stateless people in this office," he said.

stateless persons gather perai 050910 n ganesan

stateless persons gather perai 050910 n ganesan

"We want the NRD to take ownership of this problem and try to resolve this issue; it cannot deny that this is a big problem," Ganesan (right) added.

Ganesan, a lawyer by profession, reiterated that what has been constitutionally guaranteed has been systematically and procedurally denied to the poor and vulnerable.

"This has contributed further to their marginalisation and continuing dispossession from mainstream Malaysia," he added.

Meanwhile, the NRD has responded to the allegations by stating that the mobile registration program known as MyDaftar has been travelling to several Tamil schools and Indian estates to register undocumented children this year.

Its public relations officer Janisiah Mohd Noor stated in an email reply, that for cases of mixed marriage sans conversion, the matter should be referred to the appropriate religious department for more clarification.

She also stressed that the parents must be in legal wedlock to be registered as the child's parent.

Janisiah claimed that the main reason for this statelessness plaguing the poor Malaysian Indians is due to their ignorance of law, unregistered marriages, and domestic problems.

stateless persons gather perai 050910 crowd

stateless persons gather perai 050910 crowd

Ganesan said the forms provided by the NRD was complicated that even an educated, un-marginalised middle class person would find a daunting task to fill in all their particulars.

"Please be reminded that these people with the stateless problems are from the working class; everyday they go to the NRD and are rejected due to incomplete forms, they lose a day's wage," he said.

"They have to return again and again before they get their forms rights and for many of these working class people, they simply cannot afford the time, so they let things continue to hang," he added.

UMNO Education Minister Muhyiddin Yasin’s racial discrimination of burnt down Kulai Besar Tamil school and all 523 Tamil schools in Malaysia.

This afternoon at about 2.00pm a group of 100 students and parents of the Kulai Besar Tamil school ,Johor and HRP supporters by prior written appointment with the Education Minister Muhyiddin Yassin came to see him at Parliament house to present a memorandom on the burnt down and dilapidated state of the Kulai Besar Tamil school and almost all of the 523 Tamil schools in One Malay-sia.

This apprixiamtly 100 year old Tamil school which unlike almost all

the Malay and Chinese schools was never rebuilt in the 53 years of Malaysia’s Independence. This school was partly burnt down and is still endangering the lives of the 1299 pupils studying therein.

But the racist and religious supremacist UMNO Education Minister does not care as it only concerns the poor and politically powerless Indians . And neither has the 82 MP’s and top leaders form PKR,DAP and PAS including their 11 Indian mandore MPs lend voice to the Indian poor.

As usual UMNO sent in their Indian mandore policeman to create an Indian versus Indian fight situation as per UMNO’s 53 year old strategy. But HRP did bite the bait and completely ignored these Indian police mandores.

At the press conference HRP Information Chief S.Jayathas expressed disappointment that the Education Minister or his representative had refused to be present and does not care about the plight of the 523 tamil school in Malaysia.This is also in contravention of Article 12 of the Federal Constitution (no discrimination in education) and the UN Convention on the Rights of the Child which is entitled to compulsory free education.Jayathas asked why does this only happen to tamil Schools in Malaysia? Jayathas also announced HRP and HINDRAF’S call for all 523 Tamil Schools in Malaysia to be made fully financially aided government schools with equal status, facilities and teaching staff like any other malay muslim school after having granted all these Tamil schools land and they be gazette accordingly.

HRP Central Committee Member Mahesan of Johor Bahru whose daughter also studies at this school said that pupils are forced to study in “khemah Kenduri”and Shipping Cabins.causing school children to get wet in the rain and falling sick and being on medical leave and studying under punishing conditions. He also asked why temporary classrooms have not been built despite it being over three months now.

As this UMNO Education Minister or his representative refused to be present despite HRP’s written letter . S.Jayathas , Johor based HRP Central Committee member Mahesan and a group of the Kulai Besar Tamil school pupils laid their memorandum down at the enterance to Parliament, sang the Hindraf trademark song Tholvi Nelai Yena Ninaithaal and shouts of Hindraf Valga,manitha urimai valga and then dispersed peacefully .

UMNO thinks it can ignore HRP but we warn UMNO that it was these kinds of even smaller protests that eventually led to the 100,000 Hindraf Rally on 25th November 2007.Slowly but surely Hindraf & HRP is picking up steam to wipe out UMNO in the 2012/2013 general election.

The official memorandum will be sent to Putrajaya for the Wednesday cabinet meeting on 8/9/10.

The protestors then dropped by to the HRP HQ in Bangsar for a one hour briefing by P.Uthayakumar on the next course of action.

A consensus was derieved to get all 523 Tamil schools especially those with similar problems to gather peacefully outside the UMNO Prime Minister Najib Razak ‘s office in Putrajaya on the 25th of November 2010 if this Kulai Besar Tamil school problem and that of all the other 523 are not attended to and all the 523 Tamil schools are not being made fully aided.

S.Thiagarajan.