Thursday, September 18, 2008

Malaysian court rejects Hindraf leader’s freedom bid

Malaysian court rejects Hindraf leader’s freedom bid
September 17th, 2008 - 12:40 pm ICT by

IANS - Kuala Lumpur, Sep 17 (IANS)

A Malaysian court Wednesday rejected a fresh bid for freedom by an ethnic Indian leader who cited medical neglect and danger to his life while in detention under the stringent Internal Security Act (ISA). High Court judge Justice Suraya Othman dismissed a habeas corpus application by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar, who is serving a two year jail term along with four others leaders of the organisation, Star Online said.

The five — Uthayakumar, M. Manoharan, V. Ganabatirau, K. Vasantha Kumar and R. Kenghadaran — were charged with public disorder and trying to disturb the country’s ethnic balance after they staged a protest rally last November to highlight the perceived discrimination of ethnic Indians, mainly in jobs and education.

Ethnic Indians, mainly Tamil Hindus who came here during the British era, form nearly eight percent of Malaysia’s 28 million population.

Source - http://www.thaindian.com/newsportal/world-news/malaysian-court-rejects-hindraf-leaders-freedom-bid_10096648.html

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VOH - Land Allocation in Perak, where is it for Tamil school ?

Voice of Hindraf
17 Sept 2008


DAP, PKR and PAS led Perak Government grants 1,000 hectares of land to nine Chinese Independent Secondary schools for them to generate revenue to pay for their operational expenses, says Perak Menteri Besar Datuk Jamaluddin. Also a RM 30,000.00 grant will be allocated every year to each of these schools. [NST 31/08/08 page 38].

Hindraf- But this very same DAP controlled Perak State Government has refused to grant state government land or acquire the land the remaining 110 Tamil Schools are occupying. This would enable all these 110 cow shed like Tamil schools to be converted to fully aided government schools by the UMNO controlled Federal Government.

Why is the DAP, PKR and PAS Perak State Government ignoring Hindraf’s repeated written appeals to them to grant all Tamil schools, Hindu temples, crematoriums and burial sites state governmentland as the Perak Menteri Besar has 100% power to grant the same and does not need UMNO’s consent.

DAP, PKR and PAS has to be politically correct by denying this Hindraf repeated written demands. But they all claim to be multi racial and they got 90% of the Indian votes on the 08/0308 general elections.

We have to fight our very own battle ourselves. There is no multi racialism in practise by DAP, PKR and PAS, Indian political empowerment is the only way forward.

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Hindraf too has been in ISA !!




post info
By hindrafinternational
Categories: Makkal Sakthi


Please all Hindraf Makkal Sakti supporters, please plan something in this period of ISA hot furore going on to arrange a mega candle light vigil for Hindraf 5 to request for a release of our 5 heros.

If you remember when Hindraf leaders was arrested there is not much from civil society , no any federal minister , NGO , BN component leader given any statement such as what we see now when 3 people were arrested under ISA, we see a different trend now where even many from ruling government minister are show displeasure on this arrest , does this show that Indian in Malaysia has no regards from entire civil society , Ngos and political parties.


If it is so , we must act our own Hindraf Makkal sakti must use this opportunity to arrange a mega candle light Vigil for Hindraf five to highlight to people that Hindraf too has been in ISA don’t they bother to raise voice for them too.




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Letter from WMP to PM on PDRM killing of 6 ethnic Indians in a day and IPCMC urgency

HINDRAF
135-3 JALAN TOMAN 7
KEMAYAN SQUARE 70200
SEREMBAN.

Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister of Malaysia
Block Utama, Bangunan Perdana Putra, Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan, Email: abdullah@kdn.gov.my
62502 Putrajaya Tel: 03 8888 8000
Fax: 03 8888 3444
17/09/2008

Y.A.B,

Re: (1) Malaysian Police murders six ethnic minority Indians in one day under the UMNO controlled Prime Minister Badawi’s Leadership.

(2) Urgent implementation of the Independent Police Complaints and Misconduct Commission [IPCMC].

We refer to the above matter and to the local media reports that six ethnic minority Indians had been murdered by being shot dead by the Malaysian police all in one day. [TV3 news bulletin at 8.00pm on 03/09/08]. At the last count even as late as December 2007 the worst record as monitored by us was 1.3 such murders by being shot dead in every week with 60% of the victims being Indians. After protests, international lobby, public campaigns etc, the police stopped completely in 2006, restricted such shootings to Indonesians in 2007 and are now targeting the ethnic minority Indians yet again.

The police standard form fills in the blank version that they saw the suspects behaving suspiciously, followed them, the suspects shot at the police, the police shot back killing all the suspects and occasionally one or two [police informers] escaping, none of the policemen injured or shot at and neither the police car hit with the suspect’s bullets is obsolete and perhaps is still acceptable in Rwanda, Bosnia or Darfur.

We hereby demand that your goodself order the immediate halt to this shoot to kill policy as we have the rule of law, a system of Justice and Courts to put these suspects on trial and find them guilty if so.

It is not for the police to assume the role of Judges, Jury, Prosecutor and Executioner and take the law into their own hands and go around murdering suspects with impunity as if they are above the law.
We hereby call for the prosecution for murder of the policemen murdering these six Indians and all such cases.
We also call for the urgent formation and implementation of the Independent Police Complaints and Misconduct Commission which is long outstanding.

In the case of deceased D. Loganathan (33) his father has vouched that he has no criminal record, married with three children aged 8 months, 3 and 5 years and the sole bread winner. Who is going to feed his children now? [NST 04/09/08 Page 11].

In a related arrest the police even arrested and remanded two children aged 13 & 17 together with their parents.

Kindly take the necessary action and notify us accordingly.

Thank you,


Yours faithfully,



………………………………
P. Waytha Moorthy
[Chairman – Currently in London]

Wednesday, September 17, 2008

PS from WMP - ISA Threat to Datuk Seri Anwar Ibrahim

HINDRAF
135-3 JALAN TOMAN 7
KEMAYAN SQUARE 70200
SEREMBAN. 17th September 2008

ISA THREAT TO DATO SERI ANWAR- BRIEF STATEMENT BY HINDRAF

HINDRAF urges its supporters to remain calm and focussed in the wake of the new threat of the use of ISA against opposition leader Dato Seri Anwar Ibrahim.

It is highly likely that the Government which is led by the bully and fascist UMNO would resort to every trick possible to stay on power even at the expense of violating the Federal Constitution and the cardinal principals of Rule of Law. The threat of the use of ISA on grounds of Economic and National Security resembles a similar foundation laid on HINDRAF and its leaders and supporters on 5th December 2007, which saw unfounded malicious allegations of links with the terrorists’ organisations especially the LTTE which eventually led to the arrest of 4 lawyers under the ISA.

HINDRAF fully supports the attempt by Dato Seri Anwar Ibrahim to take over the helm of the country, which has seen serious erosion of public confidence and International Respect, which this beloved country once enjoyed.

HINDRAF would commit itself to do everything possible at the International arena and lobby support from International bodies and Governments should the UMNO led Government resort to unlawful measures to curb the legitimate Constitutional take over of Pakatan Government led by Dato Seri Anwar Ibrahim.

HINDRAF urges all 12 remaining coalition partners within Barisan National to immediately withdraw support to the premiership of Dato Abdullah Ahmad Badawi and/or any other likely UMNO leader who might take over the helm under the current circumstances. They should never be part of the UMNO agenda of destroying this beautiful and democratic country.

P.Waytha Moorthy
CHAIRMAN
Currently in London.
9.14pm Malaysian Time

Hindraf National Coordinator, RS Thenethiran backs Anwar for PM


Hindraf National Coordinator, RS Thenethiran backs Anwar for PM

Athi Veerangan Sep 16, 08 6:21pm


The Hindu Rights Action Force (Hindraf) openly backed Anwar Ibrahim to become the country's sixth prime minister for it believes that the opposition leader is the only person capable of putting the country back on the right track.


Hindraf national coordinator R S Thanenthiran said if the Pakatan Rakyat supremo becomes premier, he would implement certain action plans to revive public and investor confidence.
Firstly, he said Anwar would surely abolish the draconian Internal Security Act, a tough security law which provides detention without trial.
On Dec 13 last year, five Hindraf leaders were arrested under ISA after organising a mammoth street protest in Kuala Lumpur several weeks earlier.The five are P Uthayakumar, 47, T Vasanthakumar, 35, M Manoharan, 47, R Kenghadharan, 41, and V Ganabatirau, 35.
Last Friday, controversial blogger Raja Petra Kamarudin, DAP parliamentarian Teresa Kok and Sin Chiew Daily journalist Tan Hoon Cheng were arrested under the law. Tan was released 18 hours later. “Anwar has assured that he will ensure a free and fair country based on equality, justice and democracy for all, something that Barisan Nasional has not given to Malaysians in its unbroken 51-year rule,” said Thanenthiran.“He is now the best bet to instill some order to our political uncertainty. Hindraf wants him to become prime minister and safeguard the Indian community from marginalisation,” he told a press conference in George Town today.
Thumbs-up for Zaid
A former ISA detainee himself, Anwar has promised to abolish ISA and free all ISA detainees in the Kamunting Detention Camp in Taiping when he comes into power. It is estimated that there are some 80 ISA detainees.Meanwhile, self-exiled Hindraf chief P Waythamoorthy is currently in London on a temporary political asylum granted by the British government under the Geneva Convention.He hopes to return home once the threat of an ISA arrest abates if Anwar becomes prime minister.“We will prepare a grand welcome at the airport if and when Waythamoorthy returns,” said Thanenthiran, adding that it’s time for the people to relish and cherish a chance to finally unseat BN and replace it with a new model of governance. “Everyone wants good governance without abuse of power, corruption and injustice,” he said.Anwar claims to have secured the support of more than 31 government lawmakers, enabling him to form a new administration with a slim majority.
He is now hoping for incumbent premier Abdullah Ahmad Badawi to allow a discussion on a smooth transition of power.Thanenthiran also condemned the latest ISA crackdown as being against the rule of law and natural justice.He also criticised Home Minister Syed Hamid Albar and the police for 'mocking' the country’s laws and justice.However, he applauded de facto Law Minister Zaid Ibrahim's decision to resign in protest of the ISA arrests, and hoped that Syed Hamid would take a cue from this and also resign from the Cabinet for the ISA debacle.
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Monday, September 15, 2008

Latest news from Shah Alam court today



Monday, 15 Sept 2008


Shah Alam Court today, Judge Gunalan decide that the Hindraf case of attempt murder charge against 31 people at Batu Caves on the eve of 25 Nov 2007 were postponed to

24 March 2009 to 27 March 2009 ( next year) then to be continue from

11 May 2009 to 15 May 2009 ( next year) then to be continue from

6 July 2009 to 10 July 2009 ( next year).


Thx

Kannan R

Sanjeev Kumar released from ISA under RO



At approximately 1pm on 9 September, Sanjeev Kumar was released from Kamunting Detention Centre where he had been detained under the Internal Security Act for more than a year. The government had accused him of being a foreign spy, but was not formally charged in court.

He was tortured and suffered other ill-treatment whilst in detention. Having been paralyzed on his left hand side he is now confined to a wheelchair. Sanjeev Kumar is presently at home with his family, but remains under surveillance.
( Right : Picture of Mrs Sanjeev Kumar during her memo submission to Suhakam to seek immediate medical attention to her husband thru GMI about 2 months ago)

Amnesty Int : Malaysian Parliament should abolish Internal lSA


Amnesty Int : Malaysian Parliament should abolish Internal lSA
5 September 2008


New information about the arbitrary detention of five Malaysian government critics obtained by Amnesty International researchers, highlights the need for the Malaysian parliament to immediately abolish the country’s Internal Security Act, Amnesty International said today.


A recent Amnesty International mission to Malaysia researching the human rights situation there established that the sole reason for the detention of five members of Hindu Rights Action Force (HINDRAF), a group dedicated to defending the rights of Malaysia’s ethnic South Asians, was for expressing concerns about the marginalization of ethnic South Asians within Malaysian society and specifically for organizing rallies.


The detentions illustrate exactly what is wrong with the Internal Security Act,” said Donna Guest, Amnesty International’s Asia-Pacific Deputy Director. “These men are being treated like criminals, but they have never been charged, much less convicted, of a crime. They should be released immediately.”The government has accused the five of being “leaders and legal advisers of an organization which affects national security of Malaysia through having illegal assemblies, sending of memorandum, forums whose activities incite racial sentiment and hatred towards government among Indians”.


HINDRAF had organized a series of meetings and rallies, culminating in a protest demonstration of some 20,000 people in Kuala Lumpur on 25 November 2007. The five men, Ganabathirau Veraman, Kenghadharan Ramasamy, Manoharan Malayalam, Uthayakumar Ponnusamy and Vasantha Kumar Krishnan, are currently being held at Kamunting Detention Centre, Perak State.“If the Malaysian opposition parties are serious about reforming the country’s political system, they need to start the process to abolish this draconian legislation,” Donna Guest said. “The ISA has been used for too long to stamp out legitimate criticism of the government.”


Background Information


In 2007, the government demolished a number of Hindu temples to make way for development projects, despite petitions by local Hindu communities. HINDRAF organized series of meetings and rallies, culminating in the protest demonstration of some 20,000 people in Kuala Lumpur on 25 November 2007.


In October 2007, local authorities destroyed an 80-year old Hindu temple in Taman Karuppiah, Shah Alam on the eve of the Hindu Deepavali festival. Police shot at devotees trying to stop the demolition, injuring several of them, and arrested at least 14. When lawyers Ganabathirau, Manoharan, Uthayakumar and HINDRAF leader Waytha Moorthy came to the Police Station to seek bail for the 14 in detention, the police also arrested them.


They were released the next day.Two days before a planned demonstration in the Batu Caves Hindu temple, Uthayakumar, Ganabathirau and Waytha Moorthy were arrested and detained for sedition. They were subsequently released. When the Hindu devotees gathered in the temple, in the early hours of 25 November, police dispersed them using chemically laced water and tear gas. Police then arrested a number of the devotees, most of whom have subsequently been released.


On 11 December, Uthayakumar was arrested for sedition and fined 50,000 Malaysian Ringgits (£7,400) despite the maximum bail for sedition being at 5,000 Malaysian Ringgits (£740). He posted bail but was immediately re-arrested. He was released the next day.


On 13 December, police arrested Ganabathirau, Kenghadharan, Manoharan, Uthayakumar and Vasantha Kumar. Waytha Moorthy, who was in the United Kingdom at the time of arrests, is seeking asylum there.Lawyers of the HINDRAF detainees filed a writ of Habeas Corpus, but this was dismissed by the Federal Court on 15 May 2008. Based on a different set of grounds, their lawyers filed another Habeas Corpus on 4 August. A decision is expected by the Ipoh High Court on 8 September.At least 65 people are being held at Kamunting Detention Centre under the administrative detention provisions of the ISA.


The Internal Security Act allows the police to arrest individuals they believe have acted, or are “about to” or “likely to” act in a way that would threaten Malaysian security, “essential services” or “economic life” (Article 73 (1)b).

Detainees can be held for up to 60 days for investigation by the police, after which time the Home Minister can issue a two year detention order under the ISA. The two year detention can be renewed indefinitely without the detainee ever being charged with a crime or tried in a court of law.


As such the ISA is contrary to fundamental principles of international law, including the right to liberty of the person, to freedom from arbitrary arrest, the presumption of innocence, and the right to fair and open trial in a court of law.



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Saturday, September 13, 2008

ISA CRACKDOWN - UMNO SURVIVAL

Hindraf condemns the unjust and undemocratic act perpetrated by the ruling government lead by UMNO and its allies in their latest antic.  

A blogger who empowers the society with awareness and knowledge with the truth and a reporter who reported the truth and a serving MP arrested whereas the personality who incited and raised racial sensitivity is just slapped in the wrist.  

It appears that the Malaysian government lead by Dr Abdullah Badawi has totally lost control of his administration and from the current state of affair it appears that such repressive actions against utterance of truth in a purported democracy is being engineered and navigated by the non other than the infamous Dr Mahathir and his “warlords” within UMNO and their allies.  

This is a typical coup d'état whereby, Mahathir's warlords have slowly usurped and having consolidated their position to create the bureaucratic elite that would make sure that UMNO and it's allies stays in power and continue the regime that started fifty one years ago.  

With UMNO and its allies under Badawi as weak as it stands under the current vigor for change by the Malaysian society, Dr. Mahathir and his “warlords” needs to step in to maintain the status quo of UMNO and its allies to continue the regime. 

All methods and acts against human right and civil liberty issues by installing fear and intimidation can only lead to the maestro, Dr Mahathir and his warlords.  

HINDRAF condemns any act that is repressive against humanity and civil right in the pretext of national security and views that the current state of affair is to ensure that UMNO and its allies stays in power and continue their authoritarian ways.  

This is no other than the repeat of the 1969 scene. Abdullah’s “oust” is imminent with the cronies of Mahathir teaming up to force Abdullah Badawi to step down.

It appears like the Home Minister who signed the detention order no longer takes instructions from the No 1.

The above are my personal views.

 

P.Waytha Moorthy
Chairman
HINDRAF
01.00 (AM) Msian Time 13th Sept 2008

Friday, September 12, 2008

Poems for Hindraf -உன் திசையில் உலகத் திசை



உன்
கண்களில் உண்டு
எரிமலை
உன்
கைகளில் உண்டு
வல்லமை
அகிலத்தை
அசைக்கும் சக்தி
உன்
வார்த்தைகள்
உன் பின்
இளைஞர் படை திரட்சி
உன்னிலே
வெளிப்படும் பெரும் புரட்சி
சிறை என்ன சிறை
இன்று அது உன்
சின்ன அறை..
மக்கள் சக்தி - உன்
மிகப்பெரிய அறை...
இதய அறை!

Budget 2009 - Letter from WMP to PM ( Indians excluded from mainstream)

HINDRAF
135-3 Jalan Toman 7
Kemayan Square 70200
Seremban



Media Statement 10/09/2008


Re: Budget 2009: Indians excluded from mainstream development of
Malaysia yet again even after 51 years of Merdeka (Independence).

Prime Minister Abdullah Ahmad Badawi announced a RM 207.9 Billion Budget in Parliament on 29/08/08 [NST 30/08/08 at page 1 to 6]. The poorest people deserving the most assistance has been acknowledged by UMNO as the Orang Asli, the natives of Sabah and Sarawak, the poor Malays especially in the east coast and the Indians. In the 2009 Budget, RM 160 Million has been specifically allocated for the small 10,000 or so Orang asli community. An allocation of RM 56 Billion (for food production) and RM 3 Billion and RM 3.3 Billion has specifically been allocated for the Sabah and Sarawak natives respectively. The poor Malays in the Peninsula Malaysia will directly benefit from the RM 207.9 Billion without any problem. But the 70% of the poor Indians in Malaysia has been allocated zero allocation by the UMNO controlled Malaysian Government yet again even after 51 years of independence (Merdeka). This is despite Hindraf’s 18 point demands to Prime Minister Badawi dated 12/08/07. Even RM 50 Million allocated for Penang and Malacca Heritage Buildings.

Prime Minister Abdullah had repeatedly after the 25th November 2007 100,000 over People Power Makkal Sakthi rally and the subsequent detention of the four Hindraf lawyers under the draconian ISA without trial in an open Court of Law, the 8th March 2008 General Election and the last on 23/08/08 at the height of the Permatang Pauh by elections promised to look into the plight of especially the poor Indian community who have been deliberately excluded from the mainstream development of Malaysia for 51 years since Merdeka. UMNO and Prime Minister Abdullah from the announcement of the 2009 Budget appears to be still looking into the plight pf especially the Indian poor for the year 2009 and many many more happy UMNO years to come. The Indians would be excluded from RM 5.5 Billion food security allocation. Similarly 99% of the Tamil schools would be excluded from the RM 31 Billion for education. Similarly also the RM 100 Million for urban poor, RM 330 Million for low cost housing, RM 500 Million Amanah Ikhtier Malaysia, the Indians would be excluded.

Prime Minister Abdullah and UMNO repeatedly over and over again there has been zero allocation in the 2009 Budget to help alleviate at least the following critical Indian issues:

1) 40,000 Malaysian born Indian children have deliberately been denied even
their birth certificates.
2) All 523 Tamil schools have not been converted to fully aided government
schools but all the Malay Muslim Sekolah Agama Rakyat have no problems at
all whatsoever.

3) The suicide rate among the Indians is 800% above that of Malays arising out of
poverty related problems and being deliberately excluded from the mainstream
development of Malaysia.

4) Most 99% of the deserving Indians are denied the opportunities to pursue
Government University, Higher Education, Technical, Vocational, Fully
Residential Mara Colleges, Smart Schools and Science and Arts, Secondary
Schools, denied loans to studying private and over Higher education
Institutions.

5) Denied licences and Business opportunities to 99% of the needy Indians
whereas 99% of the needy Malay Muslims do not have a problem.

6) All others as outlined in Hindraf’s 18 point demands to Prime Minister Abdullah
dated 12/08/07.

We hereby once again call upon Prime Minister Abdullah and UMNO to stop all race and religion based development programmes especially from the 2009 Budget onwards. With the view to end 51 years of race and religious based politics and all forms of racial and religious extremist based development plans, policies and programmes in Malaysia.

We also demand that an Independent Race and Religious Relations Commission and an Equal Opportunities Commission with unlimited funding and to have 50% of its Commissioners seconded by the United Nations to attend to and address of all instances of especially the Indians being excluded from the mainstream development. This is the only way forward to ensure justice, fair play, the Rule of Law and Equality for all especially the Malaysian Indian poor and so that the RM 207.9 Billion allocation under the 2009 Budget also reaches them. We reject any piecemeal “peanuts, chicken feet and dog bones” to showcase to the world that the Indians are cared. For UMNO is now dealing with the third and fourth generation Indians and no more our great grandfathers who came from India. Malaysia is our country as much as it is UMNOs’.

Thank You,

Yours faithfully,


…………………………..
P.Waytha Moorthy
[Chairman- Currently in London]

15-Sept-08 SPECIAL POURNAMI POOJA for UNITY

SPECIAL POURNAMI POOJA for Malaysian Indians UNITY by HINDRAF MAkkal Sakthi

Dear Brothers and Sisters,

IN view of the various CHALLENGES faced by the our community, a Special Archanai (Pooja) and Prayer Meeting will be held as follows:

Venue: Sri. Siddhi Vinayaga Temple, (Behind Assuntha Hospital)
Jalan Selangor, Petaling Jaya
.


Date : Monday, 15th September, 2008

Time : 6.30 pm – Special Archanai for HINDU UNITY at the temple
7.30 pm – Prayer Meeting ( Praatanai Kootam) at the Mandapam.
Spiritual Discourse towards HINDU EMPOWERMENT

Program Facilitators:
1) Dr.M. Bala Tharumalingam
2) Siva Pusagar Thiru. Shanmugam

All are invited to participate in this Special Occasion and pray for HINDU UNITY and HINDU EMPOWERMENT towards NATIONAL UNITY.

Let us all blessed with Divine intervention for the betterment of Malaysian Indians in general and blessed us justice and equality.

Contact: - Dr.M.Bala Tharumalingam 019-212 7003
Mr. Kannan Ramasamy 012-269 0024

GET UNITED! GET EMPOWERED!

Vaalge Hindraf Makkal Sakthi


ps..pass this event msg to all thru email, flyers, web update, blogs and sms.


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இந்துக்களின் ஒற்றுமைக்கான சிறப்பு பௌர்ணமி பூஜை


அன்பு சகோதர & சகோதரிகளே,

இந்திய சமுதாயத்தினர் முகம் கொடுத்துவரும் சவால்களை கருத்தில் கொண்டு, ஓர் சிறப்பு அர்ச்சனை (பூஜை) மற்றும் வழிபாட்டு கூட்டம் கீழ்க்கண்டவாறு நடைபெற உள்ளது...
இடம் : ஸ்ரீ சித்தி விநாயகர் ஆலயம், ( அசுந்தா மருத்துவமனை அருகில்),
ஜாலான் செலாங்கோர், பெட்டாலிங் ஜெயா...
திகதி : திங்கள், 15 செப்டம்பர் 2008
நேரம் : 6.30pm - இந்தியர்களின் ஒற்றுமைக்கான சிறப்பு ஆலயத்தில் பூஜை
7.30pm- மண்டபத்தில் வழிபாட்டு கூட்டம் (பிராத்தனை கூட்டம் )

சமய சொற்பொழிவு - இந்துக்களின் தன்னளுமையை நோக்கி
வழிநடத்துனர்கள் : 1. முனைவர் பால தருமலிங்கம்
2. சிவ பூசகர் திரு சண்முகம்

தேசிய ஒருமைபாட்டை நோக்கி இந்துக்களின் ஒருமைப்பாட்டையும் தன்னாளுமையையும் வேண்ட இந்த சிறப்பு நிகழ்வில் கலந்து பயன் பெற அழைக்கின்றோம்...
தொடர்புக்கு : முனைவர் பால தருமலிங்கம் ( 019-212 7003)

திரு கண்ணன் ராமசாமி (012-269 0024)
ஒன்றுப் படுவோம்! தன்னாளுமை கொள்வோம்...

..\\__

Thursday, September 11, 2008

HAF Malaysia Policy Brief 2007-08

Background
  • The Hindu minority (7%) suffers from economic, social and educational discrimination,
    while the majority Malaysian Muslims benefit from an affirmative-action policy[1]
  • Hindus and other minorities face increasing religious discrimination, as Islamicisation has
    grown in recent years. Although Malaysia has a parallel court system: secular courts for
    non-Muslims and Sharia courts for Muslims, Hindus and other minorities have, at times,
    been forced to deal with the Islamic courts, where they have faced severe
    disadvantages. Furthermore, Hindus have been denied the right to conduct their funeral
    rites in accordance with Hindu practices, and in one case, lost custody of their child. In
    another case, a Hindu mother, Subashini Rajasingam, lost an appeal to prevent her
    husband, a recent Muslim convert, from changing their 4-yr old son’s religion to Islam.
    The highest court in Malaysia affirmed the ruling of a lower federal court, which granted
    the Muslim husband a right to use the Islamic Sharia courts to seek a divorce, and also
    upheld his right to convert their child to Islam without the mother’s consent. As a result,
    the Hindu mother may lose legal custody over her child, since Malaysia’s Islamic courts
    will not give custody of a Muslim child to a non-Muslim parent. [2].
  • A number of Hindu Temples have been demolished by government authorities, including
    the 100-yr old Maha Mariamman Hindu Temple. According to the Asian Human Rights
    Commission (AHRC), thousands of Hindu Temples have been destroyed over the last 15
    years. Moreover, in contrast to Hindu temples, mosque properties receive favorable
    treatment and public funds [3]


Summary of Recent Events
• A peaceful protest of approximately 10,000 Hindus took place on November 25, 2007.
However, Malaysian authorities used tear gas, chemical laced water cannons and baton
charges to break up the rally; hundreds of protesters were beaten and arrested including
several hundred gathered at the Batu Caves Hindu temple complex.[4 ]
• Prior to the protests, three leaders of a Hindu NGO, Hindu Rights Action Force (Hindraf),
were arrested and charged with “sedition;” Malaysian authorities used repressive tactics
to try and prevent the protest, including placing Kuala Lumpur on virtual lockdown. The
leaders of Hindraf were later released after a court dismissed the sedition charges on
technical grounds[5]
• Hindus organized the protest for the following reasons[6]:
o Submit a petition to the British High Commissioner regarding a lawsuit filed
against the British government for bringing Hindus to Malaysia as indentured
laborers and failing to protect their rights in the Malaysian Constitution
o Bring attention to the economic and social plight of Hindus in Malaysia
o Protest the demolition and destruction of Hindu Temples
• Following the protests, Malaysian Prime Minister Abdullah Badawi threatened to use the
draconian Internal Security Act (ISA), which allows indefinite detention without trial, to
repress protests and demonstrations. The Prime Minister’s threats were strongly
criticized by Malaysian human rights groups and lawyers.[7]
• The dreaded ISA has been used since 1960 as an instrument of oppression and a means
to stifle free speech and political opposition to the government. Under the Act, persons
suspected of threatening national security may be arrested and detained indefinitely
without charges or trial. According to Human Rights Watch, the ISA’s “provisions violate
fundamental international human rights standards, including prohibitions on arbitrary
detention, guarantees of the right to due process, and the right to a prompt and impartial
trial.” Due its vague language, the Act has been employed to arrest and detain
thousands of Malaysian citizens since 1960. Furthermore, persons held in custody under
the ISA have frequently been subjected to physical and mental abuse. [8]
• V Ganapathy Rao, one of the leaders of Hindraf arrested prior to the protests on
“sedition” charges and later released, was re-arrested on November 29, 2007. At least 80
other Hindu activists were charged with illegal assembly for their participation in the
peaceful protests. On December 4, 2007, thirty-one other demonstrators were re-arrested
and charged with attempted murder by the Malaysian government.[9]
• Mr. Waytha Moorthy, the main leader of Hindraf, is in the UK under a self-imposed exile
as he would almost certainly be arrested in Malaysia.
• On December 13, 2007, five Hindraf leaders were arrested under the Internal Security
Act (ISA), for allegedly “carrying out activities that threatened national security.” The
arrested Hindraf leaders included P Uthayakumar, M Manoharan, R Kenghadharan, V
Ganabatirau, and T Vasantha Kumar. Immediately following the arrests, they were
moved to the Kamunting detention center in Taiping, Perak, where they can be detained
for 2 years without any investigation or trial. Malaysian human rights groups, lawyers,
and opposition leader Lim Kit Siang condemned the arrests and strongly criticized the
use of the ISA to target and repress Hindu/Indian leaders and activists.[10]
• The Malaysian government dropped attempted murder charges against the thirty-one
Hindraf activists arrested on December 4, 2007, however, twenty-six of them are still
facing charges for “illegal assembly” and “causing mischief.” Furthermore, the five
Hindraf leaders arrested and detained on December 13, 2007 under the ISA have yet to
be released.[11]
• Malaysian police indicated that they will seek the assistance of Interpol and Europol to
monitor the activities of Hindraf. The motives behind such a move are highly
questionable, however, as this announcement from Malaysian authorities coincided with
reports of Hindraf leader, P Waytha Moorthy seeking international support for the
marginalized Hindu community.[12]
• Sixty-six Hindus, including N Gobalakrishnan, member of the opposition Parti Keadilan
Rakyat (PKR), are scheduled to be tried by a Malaysian court for their prior participation
in a protest rally outside the Batu Caves temple complex on November 25, 2007. The
sixty-six Hindus face charges of “unlawful assembly” and “causing mischief.” [13]
• The Malaysian government is also suppressing freedom of expression by banning
“policewatchmalaysia” (http://www.policewatchmalaysia.com), the official website used by
Hindraf.
• A new visa policy was instituted, placing severe restrictions on foreign born Indians
applying for visas to work in Malaysia. According to some reports, the Malaysian
government has placed a complete ban on the issuance of new visas for Indian workers.
The visa restrictions are seen by some as linked to the earlier protests held by Malaysian
Hindus demanding equal rights. [14]
• On February 16, 2008 multinational rallies protesting Malaysia’s policies of religious
apartheid were held across the world, including in Kuala Lumpur, Los Angeles, New
York, London, Dublin, Brussels, Melbourne, Auckland, New Delhi, Mumbai, Chennai,
Singapore, and Jakarta. In Kuala Lumpur, Hindus gathered at Jalan Raja Laut in the city
center to protest the government’s discriminatory policies against Hindus. The protestors
carried roses to symbolize their peaceful struggle for equality. The police, however, used
tear gas, chemical laced water cannons, and physical force to break up the rally. In
addition, close to 200 Hindraf supporters were arrested, and nearly 5,000 temporarily
detained, including women and children. Most of the arrested Hindus were eventually
released, but at least 9 people still remain in police custody. Government authorities
attempted to suppress the peaceful rally by using “racial profiling” and other repressive
tactics by preventing Malaysians of Indian origin from entering Kuala Lumpur and
removing them from buses traveling to the city. Road blocks were also set up to stop
Indians from reaching Parliament, where the rally was originally scheduled to be held.[15]
What Needs to be Done
• Pressure the Malaysian government to protect the human rights of its Hindu minority
• Release all arrested protesters
• Allow Hindus and all minorities to peacefully protest and fully exercise their democratic
rights
• Stop the destruction of Hindu temples and treat all places of worship equally
• The US Government must abandon the proposed Free-Trade Agreement (FTA) with
Malaysia, unless the Malaysian Government drops it ethno-religious affirmative action
policy, which favors the majority Muslim Malays. The FTA as currently constituted would
require both foreign and domestic (non-manufacturing) investors to take on ethnic Malay
partners (who would hold a minimum 30% of share capital). As a result, conclusion of
the FTA with Malaysia would further the uneven distribution of wealth, thereby leaving the
Indian Hindu minority at an increased economic disadvantage.[16]
Why the US Needs to Act Immediately
• It is in America’s strategic interests that democracy and human rights are protected and
promoted in Malaysia, so it can serve as a model in the Muslim world
• Prevent the situation from further deteriorating
• In addition to Hindus, the human rights of other minorities are also at risk


[1] “Indian Protest Rocks Malaysia Ahead of Polls,” The New York Times,
http://www.nytimes.com/reuters/world/international-malaysia-protest.html?_r=2&oref=slogin&oref=slogin
[2] "Pressure on Multi-Faith Malaysia," BBC News, May 16, 2006, http://news.bbc.co.uk/1/hi/world/asiapacific/
4965580.stm; "Muslim Burial for Malaysian Hero," BBC News, December 28, 2005, http://news.bbc.co.uk/2/hi/asiapacific/
4563452.stm; “Malaysia’s Islamic Officials seize baby from mother who sought a Hindu life,” International Herald
Tribune, April 6, 2007, http://www.iht.com/articles/ap/2007/04/06/asia/AS-GEN-Malaysia-Custody-Struggle.php; “Malaysia
Court Rejects Hindu Bid,” BBC News, December 27, 2007, http://news.bbc.co.uk/2/hi/asia-pacific/7161177.stm;
“Malaysia: Hindu Loses Bid to Block Son’s Conversion, The New York Times, December 28, 2007,
http://www.nytimes.com/2007/12/28/world/asia/28briefs-hindu.html?_r=2&ref=asia&oref=slogin&oref=slogin; “Hindu
Woman’s Divorce Hopes Dashed,” The Times of India, December 28, 2007,
http://timesofindia.indiatimes.com/Indians_Abroad/Hindu_womans_divorce_hopes_dashed/articleshow/2656998.cms
[3] "Demolition of Sri Maha MariAmman Temple," http://www.bangkit.net/2007/11/02/demolition-of-sri-maha-mariammantemple/;
"Tempers flare after Malaysia demolishes Hindu Temple," Reuters, November 5, 2007,
http://in.reuters.com/article/topNews/idINIndia-30342020071105; "Malaysia: State orchestrated destruction of Hindu
temples," Asian Human Rights Commission - Urgent Appeals, June 15, 2006,
http://www.ahrchk.net/ua/mainfile.php/2006/1781/
"Pressure on Multi-Faith Malaysia," BBC News, May 16, 2006, http://news.bbc.co.uk/1/hi/world/asia-pacific/4965580.stm
[4] “Indian Protest Rocks Malaysia Ahead of Polls,” The New York Times,
http://www.nytimes.com/reuters/world/international-malaysia-protest.html?_r=2&oref=slogin&oref=slogin ; “Ethnic Indians
stage protest in Malaysia,” NDTV News, November 25, 2007,
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070033885&ch=11/25/2007%2011:40:00%20AM ;
“Ethnic Edge to Malaysian Rally Politics,” Asia Times Online, Nov. 27, 2006,
http://www.atimes.com/atimes/Southeast_Asia/IK27Ae04.html
[5] “Malaysia Hindu Activists Arrested,” BBC News, November 23, 2007, http://news.bbc.co.uk/2/hi/asiapacific/
7109849.stm; "Malaysia Hindu activists released," BBC News, November 26, 2007, http://news.bbc.co.uk/2/hi/asiapacific/
7112930.stm
[6] “Malaysia Police Break Up Rally” BBC News, November 25, 2007, http://news.bbc.co.uk/2/hi/asia-pacific/7111646.stm.
“In Pictures: Malaysia Protests.” BBC News. http://news.bbc.co.uk/2/hi/in_pictures/7111707.stm
[7] “Malaysia PM Issues Demo Warning,” BBC News, November 27, 2007, http://news.bbc.co.uk/2/hi/asiapacific/
7114858.stm; “Malaysian Lawyers Slam Security Law Threat to Indians,” The Times of India, November 28, 2007,
http://timesofindia.indiatimes.com/India/Malaysians_lawyers_slam_security_law_threat_against_Indians/articleshow/2577
734.cms
[8] “Detained Without Trial: Abuse of Internal Security Act Detainees in Malaysia.” Human Rights Watch.
http://www.hrw.org/reports/2005/malaysia0905/index.htm
[9] “Ethnic Indian Leader Arrested in Malaysia,” The Times of India, November 29, 2007,
http://timesofindia.indiatimes.com/Indians_Abroad/Ethnic_Indian_leader_arrested_in_Malaysia/articleshow/2580992.cms;
“Scores Charged Over Hindu Rally,” BBC News, November 28, 2007, http://news.bbc.co.uk/2/hi/asia-pacific/7117251.stm
; “26 Indians charged with attempted murder in the wake of banned rally in Malaysia,” International Herald Tribune,
December 4, 2007, http://www.iht.com/articles/ap/2007/12/04/asia/AS-GEN-Malaysia-Indian-Unrest.php#end_main
[10] “Malaysia Arrests Ethnic Indians,” BBC News, December 13, 2007, http://news.bbc.co.uk/2/hi/asiapacific/
7142506.stm; “ISA Crackdown: 5 Hindraf Leaders Arrested,” Malaysiakini, December 13, 2007,
http://malaysiakini.com/news/75999
[11] “Malaysia Drops Charges Against 31 Indians,” Rediff India Abroad, December 17, 2007,
http://www.rediff.com/news/2007/dec/17malaysia1.htm
[12] “Malaysia to Take Interpol’s Help to Monitor Hindraf,” Rediff India Abroad, December 17, 2007,
http://www.rediff.com/news/2007/dec/17malay1.htm
[13] “Malaysian Court to Try 66 Ethnic Indians for Holding Illegal Rally.” The Times of India, February 2, 2008,
http://timesofindia.indiatimes.com/Indians_Abroad/Malaysian_court_to_try_66_ethnic_Indians_for_holding_illegal_rally/art
icleshow/2750978.cms
[14] “Malaysia Visa Policy ‘Tightened’.” BBC News. January 9, 2008. http://news.bbc.co.uk/2/hi/asia-pacific/7178794.stm
[15] “Malaysian Police Break Up Rally.” BBC News. February 16, 2008. http://news.bbc.co.uk/2/hi/asiapacific/
7248183.stm; “Rose Protest: All But 9 Released.” Malaysiakini. February 16, 2008.
http://www.malaysiakini.com/news/78137; Sources of information are also based on reports from Hindraf contacts on the
ground in Malaysia.
[16] “2007 Investment Climate Statement – Malaysia,” US Department of State, http://www.state.gov/e/eeb/ifd/2007/82336.htm

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Upholds Court order to ban Hindraf rally

2008/09/10

Upholds Court order to ban Hindraf rally


KUALA LUMPUR: The restriction order issued by the magistrate's court to ban the Hindu Rights Action Force (Hindraf) rally held on Nov 25 last year was valid, the High Court ruled yesterday. It also dismissed the appeal filed by five Hindraf leaders to declare the order null and void. Judge Datuk Mohamed Zabidin Mohd Diah agreed with deputy public prosecutor Raja Rozela Raja Toran that there were no "live issues" before the court.
On Aug 5, Raja Rozela had raised a preliminary objection at the appeal hearing, saying that since the rally had been held, it was a waste of time to dwell on the issue.The five -- lawyers M. Manoharan, V. Ganapathi Rao, P. Uthayakumar, and R. Kengdharan, along with chairman P. Waytha Moorthy -- had appealed against the restriction order earlier this year through their counsel Gobind Singh Deo.They asked the High Court to declare the order, which barred them from holding the rally, null and void. The five claimed that the magistrate had erred because the order was made ex-parte and was defective under the law because it did not specify the restriction address and conditions.

In her objection, Raja Rozela had said the restriction order no longer existed.The ex-parte order, issued on Nov 22, was only valid for seven days.She asked what purpose it would serve to deliberate on an issue that was no longer valid.
In reply, Gobind contended that Raja Rozela's submission that the magistrate's order was academic could not hold ground.

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