HIndraf Makkal Shakti

Friday, January 15, 2010

P.Uthayakumar’s biased Judge, Ops Padam Hindraf and ASP Vasanthakumar confirmed by DCP Akhril

P.Uthayakumar’s ethnic cleansing trial started today at 9.35 a.m with the continued Cross Examination of DCP Akhril Sani, the then Deputy CID Chief of Bukit Aman.

Even before P.Uthayakumar could finish his line of questioning, the Judge had ruled that his question was not relevant and another open argument and raising of voices.

The biased Judge was again trying to be difficult today but P.Uthayakumar told her off once again not to make it “too obvious”. This was followed by a staring match for a long 20 seconds after which the Judge told him to go on when.

During Cross Examination the incompetency, dishonesty and credibility of this very senior police officer DCP Akhril Sani and the Royal Malay-sian Police Force became very obvious when he

1) This police DCP testified that Exhibit P1 at page 1 was the picture of a dead man and his shirt was bleeding when he only produced a black white picture and never bothered to print a colour copy of the picture. When asked to point out the red blood that he had earlier testified on the black and white picture he could not answer.

2) A reporter had allegedly called him on 25/11/07 and told him of the posting in the Policewatch Malaysia website but he could not remember the name of the reporter, which press he was from ie English, Tamil, Chinese or Malay, his telephone number, he never lodged a police report even though he agreed that the allegation in the website was serious. P.Uthayakumar put it to him that the reporter never existed and that this police DCP was lying.

3) He does not remember who the CPO of KL was two years ago on 25/11/07.

4) Agreed that one person named Murugaiyah a/l Ratnam (65) was killed at the 25^thNovember 2007 Hindraf peaceful assembly but the biased Judge disallowed P.Uthayakumar application for the police DCP to verify and confirm the Burial Certificate that was marked as “IDD-2”

5) Initially testified that he had never heard of the policewatchmalaysia website until 25/11/07 although he later agreed that this website criticizes the police force and UMNO.

6) Operasi Padam (wipe out) Hindraf was launched but led by the Special Branch. He agreed that under OPS Padam Hindraf, Hindraf was successfully declared unlawful in early 2008.

7) To a question that one ASP Vasanthakumar from the Police Special Branch E3 Division under the operational warfare was appointed and had been declared Hindraf leader by the IGP Tan Sri Musa Hassan on 13/12/07 and not by the Hindraf Chairman or its members when he was “strategically” arrested and detained together with the other four Hindraf lawyers, he agreed to the same.

The learned Judge disallowed P.Uthayakumar’s application for the police list of Indian victims shot dead and killed by police and death in police custody although the same was specifically referred to in the charge sheet

9) The learned DPP Noorin Badaruddin said that the request was a fishing expedition. P.Uthayakumar replied that the Attorney General (AG) should not have prosecuted P.Uthayakumar in the first place if they are not prepared to make public this shooting to kill list listing out all the Indian victims

10) This DPP Noorin submitted that even if a statement was true P.Uthayakumar has committed Sedition by saying it. To this P.Uthayakumar replied that by virtue of Article 145 of the Federal Constitution the A.G should have to act in the general public interest which includes not wrongly convicting P.Uthayakumar.

P.Uthayakumar remarked that the we are not in Zimbabwe where it would be all right if Robert Mugabe had instructed his DPP to this effect but in Malaysia justice the rule of law has to prevail.

11) Lawyer N.Surendran however clarified that by virtue of Section 3(2) (a) of the Sedition Act if the intention is to point out an error of defects of the state or a fair comment then it is justified and not Sedition. And that this P.Uthayakumar’s prosecution is done with mala fide and is politically motivated. That the DPP’s submission is that even if P.Uthayakumar spoke the truth, he is to be sent to jail anyway is not in the interest of Justice. He cannot be punished for speaking the truth. “This is not only the law but also common sense”.

12) The other assisting lawyer Charles Hector submitted that the witness cannot remember and should be given the opportunity to show the court this list of Indians shot dead and killed by the police.

The DPP asked for an adjournment to make further submissions. The Court adjourned this matter to 9.30 a.m tomorrow (15/1/10).

The court sessions ended at 1.05 p.m.

By then P.Uthayakumar had been on his feet for about 3/1/2 hours continuously from 9.35 a.m to 1.05 p.m. But this did not deter him. He came out of the dock smiling and unscathed and knowing that he will be sentenced to jail in any event because the Judge has got UMNO’s orders to convinct P.Uthayakumar and not based on the facts law and justice.

Kandasamy.

Kerajaan harus bertanggungjawab terhadap keselamatan pelajar.

BATU CAVES, 12 Januari - Penutupan jalan di Batu Caves menyukarkan para pemandu bas sekolah untuk menurunkan pelajar di hadapan sekolah malah mereka menurunkan mereka di hadapan jejantas Batu Caves. Situasi ini membimbangkan para ibu bapa dan guru kerana murid sesi pagi yang diturunkan pada 6.30 pagi terpaksa menaiki dan menuruni jejantas yang boleh mengundang bahaya sekiranya mereka terjatuh di anak tangga. Malah selepas menuruni jejantas mereka harus berjalan di tepi jalan yang digunakan oleh lori besar, kereta dan juga pelbagai jenis pengangkutan. Pemandu bas tidak dapat memasuki jalan di depan sekolah kerana ia terlalu sempit untuk patah balik semasa keluar ke jalan besar. Jalan tersebut telah ditutup disebabkan oleh kerja pembinaan landasan untuk KTM yang bakal dilancarkan.

Komen HRP: Kerajaan harus menitikberatkan keselamatan para murid kecil ini yang kurang sedar akan bahaya lalu lintas. Kerajaan seharusnya menyediakan jalan alternatif kepada pemandu-pemandu bas dan para ibu bapa untuk menurunkan anak-anak mereka di hadapan sekolah supaya keselamatan mereka terjamin.

Perjuangan penduduk rumah panjang Subang selama 16 tahun

Penduduk rumah panjang Subang yang dijanjikan rumah dalam 18 bulan kecewa kerana harapan mereka untuk berpindah ke rumah baru telah melangkah tahun ke-16. Pada asalnya mereka ialah penduduk kampung Bunga Raya dan telah ditempatkan di rumah panjang buat sementara waktu sehingga mereka mendapat rumah baru yang telah dijanjikan. Namun penantian selama 18 bulan yang dijanjikan bertukar menjadi 16 tahun dan sehingga kini mereka tidak mendapat sebarang kata putus daripada pihak yang berkenaan. Kini bilangan keluarga pula telah bertambah daripada 74 kepada 114 buah keluarga.

Menurut Balakrishnan (55 tahun), mereka dijamin rumah baru yang bernilai RM42,000 tetapi akan diberi yang hanya bernilai RM32,000 untuk penduduk-penduduk ini. Malah mereka juga telah dijanji akan dibayar duit pampasan sebanyak RM7000 bagi sebuah rumah. Namun kini mereka memberi alasan kegagalan sesetengah penduduk untuk mendapatkan pinjaman sebab faktor usia dan ada yang disenarai hitam untuk melengahkan mereka. Apa yang menghairankan ialah terdapat beberapa keluarga telah habis membuat bayaran penuh kepada bank untuk rumah yang dijanjikan tetapi masih tidak tahu di manakah rumah mereka. Penduduk rumah panjang sedar akan lokasi yang telah dijanjikan kepada mereka untuk perumahan baru telah bertukar menjadi Subang Permai yang menjadi taman perumahan rumah mewah. Para penduduk hanya menyimpan surat pernjanjian tawaran rumah (SPM) yang diberi oleh Sinar Fadilan Development dan tiada bukti yang lain.

Kini penduduk rumah panjang berhadapan dengan pelbagai masalah. Mereka sedang berhadapan dengan masalah takungan tangki kumbahan. Mereka juga sedang berkongsi satu meter air untuk 114 keluarga dan akan berkongsi bayaran yang melebihi RM2000 sebulan. Malah masalah jenayah dalam kalangan pemuda semakin menjadi serius seperti pengedaran dadah dan juga gengsterism. Malah mereka juga sedang sengsara kerana tiada kemudahan pengangkutan, tiada taman permainan dan masa depan anak- anak mereka menjadi tanda tanya. Berikut ialah soalan yang dituju oleh penduduk rumah panjang Bunga Raya terhadap kerajaan. “Kenapa hal ini tidak mendapat respons daripada UMNO yang dahulunya telah memulakan program perumahan baru buat kami? Adakah hanya rakyat yang bertanggungjawab dalam menyelesaikan segala kesulitan yang dihadapi semasa membuat permohonan di bank. Jadi kenapa kerajaan harus menyuruh penduduk pindah sekiranya mereka tidak dapat menyelesaikan masalah berkenaan bank? Adakah Kerajaan Pakatan akan mengambil berat akan isu ini?”

No Kindergarden for poor Indian children

Prime Minister Najib Razak’s Permata Kindergardens admitting almost all malay muslim children, moving up the luxury of even providing Permata choir and Permata music classes (The Star 12/1/010 at page N 18).

But an estimated 70% or about 100,000 of the Indian children who enrol in Standard One in both Tamil and National schools do not go to kindergartens or have school choirs and music classes.

This is the UMNO Prime Minister’s One Malay-sia.

P. Uthayakumar

Compensation for burnt churches, Nothing for temples demolished

Hindu temple demolishments burnt down and relocated next to sewerage ponds but Najib did not pledge RM 500,000.00, Anwar Ibrahim did not condemn the same, Hadi Awang did not visit even one single such Hindu temple, Khairi Jamaluddin did not make a positive statement, Malaysiakini did not report 23 newsreports in one day, etc., as was done when churches were attacked & torched in Malaysia.

But when the Sri Kadagambal Kaliaman Hindu temple was burnt down in 2006 by the police personnel in uniform and a police report lodged and the Muneswarar hindu temple being burnt down in June 2009 during the racial attacks against the Indians in Taiping by the UMNO linked Pakida and Tiga Line criminal elements, there was zero such public reaction.

Playing to the Christian voters in Sabah, Sarawak and the Western Christian world? Western envoys were satisfied with briefing reports NST 12/1/2010 at page 6.

But no such pro-active action from the UMNO Malaysian government, opposition parties, NGOs’ and the Malaysian civil society towards issues affecting Indians, as was in the recent case of the torching of the Assumption Church in Petaling Jaya.

P. Uthayakumar

Indian women denied RM 15 million govt alimony aid.

The Minister in the Prime Minister’s Department Datuk Jamil Khir Baharom made this announcement of RM 15 million alimony aid but it is only for muslim women. What about the poor and working class Indian women who face the highest divorce rate in Malaysia and which is poverty related One Malay-sia?

This is again discrimination against non muslims!

P.Uthayakumar

Thursday, January 14, 2010

Stones thrown at Sikh temple in Sentul

Uthayakumar Clashes With Judge Again In Sedition Trial (Bernama)

KUALA LUMPUR, Jan 13 (Bernama) — The sedition trial of lawyer P. Uthayakumar was almost derailed Wednesday after his lawyers told the Sessions Court that they were going to make a second application to recuse her.

However, Uthayakumar decided to drop his intention and allowed his counsel to cross-examine the first prosecution witness, former deputy Criminal Investigation Department director Datuk Acryl Sani, after judge Sabariah Othman reminded the lawyer that his first application for recusal was still pending at the Court of Appeal.

A heated argument between Uthayakumar and Sabariah erupted after Uthayakumar accused the judge of acting on instruction to convict and sentence him to prison.

Uthayakumar launched his attacks on Sabariah after she told him that it was not necessary to record each of his objections and she was satisfied with Acryl’s answer that he could not recall the journalist who contacted him on photographs posted on the “Police Watch Malaysia” website on Nov 25, 2007.

The photographs pertained to an illegal mass rally organised by the Hindu activist group, Hindraf, in the city.

Uthayakumar repeatedly told the judge that he would write to the Chief Justice if she continued to refuse to put his objections on record.

A visibly upset Sabariah strongly objected to Uthayakumar’s allegation that she was instructed to convict and send him to prison and asked him to apologise to the court.

“I’m not satisfied with you and I want you to take back the words,” Sabariah said.

Uthayakumar’s lead counsel, N. Surendran, had a difficult time to defuse the situation and clarified that the accusation was not against the judge.

Sabariah decided to continue with the trial and reminded Uthayakumar not to be influenced by his emotions and make wild allegations.

“Be more careful with what you are saying next time,” stressed Sabariah.

On Dec 11, 2007, Uthayakumar, 47, pleaded not guilty in the Sessions Court to publishing a seditious letter on the “Police Watch Malaysia” website.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a fine not exceeding RM5,000 or imprisonment up to three years, or both, on conviction.

Two days later, Uthayakumar was detained under the Internal Security Act following his involvement in street demonstrations here on Nov 25 and alleged seditious remarks against the government.

Earlier, during examination-in-chief by deputy public prosecutor Noorin Badaruddin, Acryl said that he directed deputy OCPD of Dang Wangi to investigate on the appearance of the photographs on the website.

Cross-examined by counsel Surendran, Acryl agreed that Hindraf and its leaders were being very critical towards the government and also very vocal on the police.

Asked whether the action taken against Uthayakumar was to silence him from taking up issues pertaining to the Indian community, Acryl disagreed and added that the investigation was more focused on the authencity of the photographs.

To another question on the police estimate of the number of people in the illegal gathering, Acryl said he could not confirm the figures because there were conflicting numbers of 5,000, 10,000 and even 50,000.

The hearing before Sabariah continues tomorrow.

– BERNAMA

P.Uthayakumar to Judge - you have instructions to convict me and are biased

KL Jalan Duta Court 13/2/10.

P.Uthayakumar’s ethnic cleansing trial continued at 2.15pm today. The learned “biased” Judge was once again hostile and repeatedly on all and about eight applications in a row rejected P.Uthayakumar’s and his lawyer’s objections. The last straw was when the Judge even refused to record down the last objection of P.Uthayakumar that the police officer ought to know the name of the person who had called him to inform him of the “ ethnic cleansing” posting (picture) in the website. P.Uthayakumar then told the Judge that the she is biased and has instructions to convict him (P.Uthayakumar) and to send him to jail. And that he (P.Uthayakumar) is not frightened of UMNO’s jail.

P.Uthayakumar then once again asked the Judge to recuse herself. He also told her that he wants to write to the Chief Justice for her recusal but how is he to effectively do it as the Judge does not even want to record the same in her minutes which the High Court, Court of Appeal, Federal Court and the Chief Justice would rely on. After the heated arguments between lawyer N.Surendran and P.Uthayakumar with the Judge, the court took a ten minute recess. Upon resumption of the trial, P.Uthayakumar did not apologize even though the Judge asked for the same.

P.Uthayakumar argued that Justice must not only be done but manifested and undoubtedly be seen to be done.

In Lenon v Metropolitan Properties, Lord Denning Master of the Rolls of the Court of Appeal in United Kingdom held that if the ordinary man in the public gallery is left with the impression that if there is a perception that the Judge is biased then the Judge ought to discharge himself or herself.

But here despite the allegation that the Judge has instructions to convict P.Uthayakumar, a lawyer of 19 years standing, she is still refusing to discharge herself.

Will Justice be served to P.Uthayakumar?

Will the Malaysian Court’s integrity and credibility be preserved? Is it in the interest of this Judge to continue hearing this matter.

This trial continued right up to 5.35pm when the court hours end at 4.45pm Res Ipsa Loquiteour ( The facts speak for itself).

Kandasamy

No statistics on locals marginalised but statistics on overstaying foreigners is available.

No official figures for Indians without B.C and IC but 40,000 Indian nationals missing in Malaysia (BH 13/1/02010 at page 2).

The UMNO led government was spot on with the 40,000 Indian nationals “missing in Malaysia, but despite 52 years of independence and with the back up of over 100,000 over civil servants, the official statistics for Indian children being denied birth certificates and Indians adults being denied their identity cards and citizenship is not available or inadequate.

We however estimate that there are about 150,000 Malaysian Indian minority children being denied their birth certificates and about 300,000 Malaysian Indian adults being denied their Identity cards and citizenship.

P. Uthayakumar

Church arson: “Arrest only when cops are sure.” Hindraf arrest first and be sure later

This is the stand by Malay-sia’s Home Minister Hishammuddin Hussien when it concerns malay muslim criminals who torched the Christian churches. Remember this very same Home Minister who with the malay muslim criminals and others who had stepped on the cow head and spat on it in Shah Alam in October 2009? (Malay Mail 12/1/2010 at page 3)

holding a press conference together! (See photo below the cow head standing behind Hishamuddin)

But when it is the Hindraf peaceful assemblers the Home Minister directs an arrest first order and be sure later. One Malay-sia?

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Karpal wants police protection for all places of worship

By Adib Zalkapli - The Malaysian Insider

Karpal Singh and Gobind Singh being briefed by Sentul Gurdwara president Gurdial Singh on the attack

KUALA LUMPUR, Jan 13 — DAP chairman Karpal Singh today urged the police to provide protection for all places of worship following the latest stone throwing incident at the Sentul Sikh temple near here.

In yesterday’s incident, a barrage of stones had cracked the sliding glass door to the entrance of the temple.

“The whole world is watching Malaysia,” Karpal told reporters today at the temple.

Following the firebombing and arson attacks against churches in the past week, police have stepped up security but have admitted they do not have enough manpower to guard all places of worship. Inspector-General of Police Tan Sri Musa Hassan had asked churches to beef up security.

“What has happened is unprecedented. There is concern among the Sikh community and to their credit they have remained calm,” said the Bukit Gelugor MP today.

Karpal was accompanied by his son Gobind Singh Deo who is also the Puchong MP. The duo are the only Sikh representatives in the Parliament’s lower house.

Gobind said he hoped that the police would launch a thorough investigation.

“Just to generalise this as a job of naughty boys is not sufficient,” he said.

The attack on the temple last night has made it the first non-Christian house of worship hit since the controversial landmark “Allah” ruling.

The Sikhs also use the term to describe God in their Punjabi language and had unsuccessfully sought to be part of the Roman Catholic Church’s legal suit to use the word in the Bahasa Malaysia edition of its Herald newspaper.

Eight Christian churches and a convent school in Selangor, Perak, Malacca, Negri Sembilan and Sarawak have been hit so far in the attacks which followed the Dec 31 High Court decision allowing the church to use the word “Allah.”

The stoning of the gurdwara near the former Sentul Railway Yard comes a week before Prime Minister Datuk Seri Najib Razak makes a three-day official visit to India on Jan 19 to meet his counterpart Manmohan Singh, a Sikh himself, and reflects the government’s struggle to contain the issue and keep it from spiraling out of control.

On how the latest attack would affect Najib’s trip to India Karpal said the Prime Minister owes the world an explanation.

“The PM has a lot to explain to the Prime Minister of India, I hope he has prepared an acceptable explanation not only to the Indian PM but also to the foreign press,” he said.

Wednesday, January 13, 2010

Stones hurled at Sentul Sikh temple

KUALA LUMPUR, Jan 13 – A glass window of the entrance door of the Sikh Temple in Jalan Haji Salleh, Sentul near here was found cracked at about 6.45pm today after several stones were hurled at the temple.

Kuala Lumpur police chief Datuk Muhammad Sabtu Osman, when contacted, confirmed the incident.

During the incident, he said, several volunteers who were busy cleaning the temple witnessed stones flying into its main entrance and immediately alerted the police.

Some 20 stones were thrown from outside the temple compound, he said, adding that police had retrieved the stones and were carrying out further investigations. – Bernama

HINDRAF & HRP meets Indian Opposition Leader of the Parliament Madam Sushma Suwaraj at her office on 11/1/2010.

After our Mr. P. Uthayakumar’s 30 minute briefing at the office of the Opposition Leader on 11/1/10 at 5.15 p.m and the presentation of “ Malaysian Indian Minority & Human Rights Violations Annual report 2009 Malay-sia Truly Racist”, Madam Sushma was sympathetic and could not believe at what was happening to the minority Indians in Malay-sia.

Madam Sushma informed us that she would be calling upon Prime Minister Najib Razak on 19/1/10 in her capacity as the Leader of the Opposition in the Indian Parliament. Najib is on his official visit to India together with his top notch trade and investment team.

Madam Sushma promised to raise the very serious human rights violations against the Malaysian Indian minority when she meets Prime Minister Najib.

She also promised to raise questions in the Indian Parliament and put pressure on the Indian government accordingly with regards to the present plight of the Malaysian Indians who are being oppressed and kept out of the national mainstream development of Malaysia and denied the very even basic necessities from birth certificates to about 150,000 poor and innocent children to about every aspect of life.

S. JAYATHAS

Information Chief

HINDRAF & HRP meets Indian Foreign Minister S. M. Krishna

New Delhi 11/1/2010 . This afternoon at 1.30 p.m the HINDRAF & HRP delegation led by P. Uthayakumar met the External Affairs Minister of India Mr. S. M.Krishna for about 30 minutes at his office at South Block, New Delhi and lodged HINDRAF’s “Malaysian Indian Minority & Human Rights Violations Annual Report 2009, Malay-sia Truly Racist”. (see photos below) This 2009 report was also lodged with Indian Prime Minister Manmohan Singh’s office. (see acknowledgement in letter below) Our letter dated 11^th January 2010 titled “SOS : Malaysian Indian Minority Suffering Serious Human Rights Violations, Malay Muslim Supremacy” was also submitted to the said Minister and Prime Minister.

The Minister promised to take up the very serious acts of racist, religious extremist and supremist UMNO policies (that has systematically kept 70% of the minority Indians in Malaysia poor and hardcore poor and out of the national mainstream development of Malaysia) with Prime Minister Najib Razak when he visits New Delhi on 19/1/10. Najib is leading a trade mission to India and seeking mega projects, contracts, tenders and big businesses in India. But he has to reply to HINDRAF and HRP’s very serious allegations first as a pre condition.

Our Trade & business to be “traded” with compliance and not human rights violations against the minority Indians in Malaysia proposal “as a pre-condition” was made to the Government of India by HINDRAF & HRP.

S. JAYATHAS

Information Chief.