Court of Appeal Judges Dato Sri Abu Samah bin Nordin Alizatul Khair bt Dato Osman and Lim Lee Lan today (17/7/12) dismissed Hindraf Makkal Shakti’s application to be a registered NGO.

Attorney General Tan Sri Gani Patail’s alter ego Senior Federal Counsel Noor Hisham bin Ismail’s demeanour was so obvious that the Court was with him. To the point that when told his written submission that he had filed only yesterday (16/7/12) was not in the Court file and when Dato Sri Abu Samah told him to make a photocopy and come back after lunch Noor Hisham replied that he just had a very few points. When the Judge said that it was already almost 1.30 p.m, Noor Hisham replied that he won’t take long. Judge Dato Sri Abu Samah then replied that he needs the written submission and “cannot simply dismiss” the Appellant (Hindraf’s ) case!

After lunch break the Federal Counsel made his token submissions including a letter of rejection of Hindraf Makkal Shakti by the Registrar of Societies (ROS) dated 22/9/2011 ie “Pemberitahuan mengenai penolakan Pendaftaran,… maka adalah diberitahu bahawa saya telah menolak pendaftaran Hindraf Makkal Shakti. Full stop. And no reason given for this arbitrary decision.

Despite Uthayakumar’s objections that this decision by the ROS was made only about 3 months after the decision of the K.L High Court that rejected Hindrafs’ application it did not matter in the Malay-sian Courts.

And that it is not part of the Court of Appeal Records of Appeal and it is the mere statement from the Bar table by the said Senior Federal Counsel. Or at the very least not even an affidavit was filed enclosing this ROS rejection.

Thus the Court of Appeal’s new new found excuse to dismiss Hindraf application to be registered as a lawful NGO.

Met by reporters outside the Courtroom P. Uthayakumar confirmed that an appeal would be filed to the Federal Courts merely for the record pur poses. As P. Uthayakumar and Hindraf has no records of winning any of their about 50 cases against the UMNO led Malay-sian government. What more with the 95% Malay dominated UMNO 1 Malay-sian Judiciary

Res Ipsa Loquiteour. Justice must not only be done but must manifestedly and undoubtedly be seen to be done is what we studied as law students even in first year at law school.

But in racist Malay-sia, this legal principle has no bearing! Injustice with impunity? By the very Judiciary and the administration of justice that is supposed to dispense Justice!

Karunai Nithi @ Compassionate Justice