The three minors who were held under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 on Dec 21 last year, are now placed under yet another suppressive law, the Restricted Residence Act 1933.

The trio from Semenyih, aged between 15 and 17 were detained on Dec 21 last year for being in possession of a stolen vehicle as well as being public nuisances.

They were held in various police stations for 21 days, and then detained in Semenyih police station under the Emergency Ordinance for another 60 days.

The detention order expired on March 9 but the Home Ministry has now slapped the Restricted Residence Act on them which will last for two years.

They have been sent to Kawasan Linggi in Negeri Sembilan, Berangan in Seminyih and Batang Berjuntai in Kuala Selangor respectively.

Another 21-year-old, who was detained under the same act yesterday, was sent to Kuala Lipis, Pahang.

Suaram coordinator E Nalini said they only came to know about this case yesterday.

“We strongly condemn the home minister’s order to place these cases under this unlawful act. It is wrong to detain them as it will restrict their movement and right to education,” she added.

Nalini (right) also informed Malaysiakini that an appeal letter will be sent to the Home Ministry, requesting the government to grant them a second chance as until now, the charges against the minors have not proven.

She also lamented the minors will be denied rights to an education as two of them will be placed in rural areas. They are aged between 15 and 17, and are supposed to sit for PMR and SPM examinations later this year.

Human Rights lawyer, Charles Hector (left) said: “Placing the three minors under the Restricted Residence Act is not the right option.

“The government is breaching the Convention on the Rights of the Child (CRC) by detaining minors and restricting their movement,” he added.

He said there are other options whereas the minors can be released under certain conditions such as mandatory reporting to police station once a week.

“A better option would be to charge them in the court, not to detain them under these acts,” he added.

The Restricted Residence Act 1933 is an archaic law used actively during the Communist Emergency of 1948-1960 to fight terrorism and deal with matters involving national security.

Thursday March 11, 2010

Kugan’s mum fails to hand petition to the King – police lame excuse, palace did not receive fax.

Attempt to send petition fails

KUALA LUMPUR: A. Kugan’s mother failed to hand over a petition to the Yang di-Pertuan Agong, asking him to intervene in the matter of her son’s death while under police custody.

Palace officials told N. Indra, 42, who turned up with her lawyer and a group of supporters at the main entrance to Istana Negara at about 11.30am yesterday, that no appointment had been made to hand over the petition.

A palace official said no order had also been given for them to receive the petition.

Indra’s lawyer N. Surendran said her family had expressed unhappiness that only one policeman had been charged so far with causing hurt. “Even the pathologist’s report stated that Kugan was beaten to death. Why do they not charge anyone with murder?” he said.

He said Kugan’s family was forced to plead with the King after failing to “get justice” from the authorities.

Kugan, 22, was arrested on Jan 15 last year on suspicion of being involved in car theft but was found dead the day after.

Subsequently, on Oct 1, constable V. Navin­dran, 28, from the USJ police station, was charged with causing grievous hurt to Kugan.

Kg Medan “ethnic cleansing” 9^th year black anniversary on 8/3/2010. Memorial by PKR Selangor govt.

Nine years ago today, out of the blues and all of a sudden and without even provocation any and every Indian in Kg. Medan was attacked, slashed, arson committed etc by a malay muslim mob from outside Kg. Medan. One hundred over Indians were caused grievous bodily injuries and at least five Indians were murdered in broad daylight or night.

The Malay-sian UMNO government announced that it was racial clashes between the Indians and Malays. But almost all the victims thereto were Indians.

The UMNO government even to this day has:-

1. fefused to hold a Royal Commission of Inquiry despite this tragedy being the worst case of Human Rights violations in Malaysia.

2. refused to present the promised White Paper in Parliament .

3. the Malaysian Human Rights Commission (Suhakam) refused to hold an Inquiry.

4. the Malay-sian Court of Appeal and the High Court struck out a class action brought by Subramaniam without even the government of the day having to reply to the very allegations of state sponsored violence against it’s ethnic minority Indians.

5. the Attorney General and the Chief Justice had refused to hold an Inquest in the murders of the five Indians.

6. the Attorney General had refused to seriously prosecute the criminals thereto for the murder of the five Indians and the grievous bodily harm caused to the one hundred over victims. Instead token number of people were prosecuted for rioting and lawful assembly. One criminal was supposedly “prosecuted” for murder but the prosecution just “disappeared” in thin air (See gory photographs and write up by  P. Uthayakumar dated 2002).

7. zero compensation by UMNO, only a token RM 2,000.00 to RM 3,000.00 was given by the MIC and a RM 25,000.00 low cost house for the murdered family. This is how cheap an Indian life cost!

Despite all the aforesaid atrocities even PKR, DAP, PAS, NGOs’, Bar Council, the Malaysian civil society, etc., maintained almost pin drop silence because the victims there were “merely” the Indians. And because of this there was a “chain” silence by the International community.

This was when we realized that there were no takers for the critical Indian problems just because the victims and affected parties were merely Malaysian Indians. And this state of affairs continues right up to this day and time.

In fact it was because of this blatant atrocities which was committed with impunity and which was accompanied by the aforesaid almost pin drop silence in particular PKR, DAP and PAS that was the turning point that had moved us to take a strong position that the Malaysian Indian problem was our “baby” and if we do not take a strong position nobody else would care.

But there would be the continuous political rhetoric by PKR, DAP, PAS, NGOs’, etc that they are all “multi racial”.

When a memorial could be built for the Tanjong Kupang, Johor Jet Crash victims (UM 2/3/2010 at page 11), the scores of war memorials for the British, Australians, etc., why not a Memorial for the Kg. Medan victims by the PKR led Selangor State government in sympathy and in solidarity with the Kg. Medan victims and that this racial attack should be the last in Malaysia!

As this tragedy occurred in Selangor which is now ruled by the PKR led state government along with DAP and PAS, to undo the injustices by UMNO, PKR Paramount Leader, Opposition Leader and Selangor Economic Adviser could direct the grant of a compensation of RM 200,000.00 per victim and RM 400,000.00 for the deceased family. But PKR, DAP and PAS won’t because they probably think they will lose Malay votes. But for Teoh Beng Hock’s family RM 400,000.00 plus was granted because they will gain Chinese votes.

P. Uthayakumar

The Kuala Lumpur High Court today struck out a RM100 million defamation suit brought by Kota Alam Shah state assemblyman M Manoharan against the government, police chief Musa Hassan, attorney-general Abdul Gani Patail, and three newspapers.

The dailies involved are The Star, The New Straits Times and Utusan Malaysia.

Manoharan, who is legal advisor to the banned Hindu Rights Action Force (Hindraf) and had been detained under the Internal Security Act (ISA) for 18 months, filed the suit on Sept 11 last year, alleging that they had linked him with a international terrorist organisation.

One of the reasons why he and four other Hindraf leaders were detained under the ISA was because of their alleged links with Sri Lanka separatist group Tamil Tigers.

Judicial commissioner Zabariah Mohd Yusof granted their application to strike out the suit after hearing submissions from both parties in chambers.

Manoharan, who is lawyer, when met by reporters, said he would appeal the ruling.

He said the court allowed the application by the government, Musa and Gani with costs.

Senior federal counsel Amarjeet Singh for the government, Musa and Gani said Zabariah allowed the application on grounds that the statement by Musa and Gani was made on an occasion of qualified privilege.

Manoharan had sought, among others, exemplary and aggravated damages, and an injunction to prevent Musa and Abdul Gani or their agents from repeating the alleged defamatory words against him.

Hindraf advocates non-violence

In his statement of claim, he said that Hindraf relied on peaceful means to brings about reforms and that the government had mounted a campaign to put him and Hindraf in a bad light.

He claimed that Musa and Abdul Gani had falsely and with malicious intent caused the defamatory words to be published in the three newspapers.

Manoharan also claimed that his detention under the ISA on Dec 13, 2007, at the Kamunting detention centre in Taiping was unlawful and politically motivated.

He was released on May 9, 2009.

He claimed that Musa and the government had used the defamatory words as a ground to detain him under the ISA.

The government, Musa and Gani – in their application filed on Nov 2, 2009 – said the suit was made in a vicarious capacity and was a plain and obvious case to strike out and the words were not defamatory as they did not refer to Manoharan to but to the organisation, Hindraf.

- Bernama

Photo: HINDRAF RALLY 2nd year Anniversary & Hunger Strike at KLCC 25th November 2009

This is despite 12 police reports being lodged against Datuk Nasir Safar, Prime Minister Najib Razak’s personal assistant (The Star 4/2/2010 at page N2). In a few days time this very serious matter would disappear in thin air and never to surface.

Just mark our word! But when our Secretary General P. Uthayakumar spoke the truth on the Kg. Medan, indiscriminate Hindu temple demolishments and other “ethnic cleansing” of the Indians in Malaysia, he was within two weeks prosecuted for sedition, imposed an RM 50,000 excessive bail and was thrown into jail again for three years after having served 514 days under the ISA.

But for UMNO a different rule applies.

S. JAYATHAS

HRP Information Chief

HRP Negeri Sembilan police report

HRP Johor police report

Najib aide probed for sedition but won’t be prosecuted

(Singapore Straits Times 4/2/2010 at page A 22).

Admin

A. Kugan murdered police station destroyed as evidence.

A. Kugan was detained in the D 9 office at the Taipan police station (NST 23/2/2010 at page 14). This Taipan police station at that material time was not gazetted to hold prisoners over overnight. All prisoners are supposed to be sent back to the Subang Jaya police station by 6.30 p.m as per the Lock up Rules. But UMNOs’ Attorney General deliberately refused to prosecute the OCPD and OCS of the Subang Jaya and Taipan police stations.

We all are aware that this UMNOs’ Attorney General had earlier refused to prosecute for murder or at the very least manslaughter all the twelve police personnel who had been involved in the murder of A. Kugan. They were merely suspended. Only one mandore Indian policeman was singled out and that too prosecuted for a mere token criminal offence although the brutal injuries on Kugan’s body is Res Ipsa loquiteour (the facts speaks for itself).

And the last straw is the learned Judge visits a new police station when the real scene of the murder had been destroyed within months of the murder, ie in August 2009. This UMNO Judge is not going to find a verdict of murder or manslaughter. There has been no history to this effect despite thousands of especially the ethnic minority Indians having been murdered in police stations or simply shot dead like a stray dog in broad daylight like what happen to Muruges in Kluang just few days ago (headlines TN, MN & MO 21/2/10).

But again UMNOs’ Attorney General would not prosecute the police personnel responsible for destroying this evidence.

Law, Justice and the administration of law and order in Malay-sian Prime Minister Najib Razak’s One Malay-sia.

P. Uthayakumar