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Uthaya 500 days in ISA

April 26th, 2009
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Letter from Uthayakumar on the 500th day of his detention (published in Malaysiakini). Few points interest me:

1. I didn’t know he has children.

2. He clarifies he is not a Mahatma Gandhi or Mandela.

3. He asks the makkal to vote against UMNO/BN in 2013.

4. His foot has healed (?)

The gist of the letter is similar to his earlier messages, so I won’t elaborate on that. Its a reminder to the makkal: DON’T FORGET.

My 500th day under ISA
P Uthayakumar | Apr 26, 09 7:55am
Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.

Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.

But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.

Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.

My left foot

On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.

Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.

No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.

By the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.

The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.

But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.

Surviving on bread and biscuits

On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.

I immediately lodged a police report. But again nothing happened as usual. But had it been the other way round – the victimisation a Malay Muslim – a different set of rules would be applied by Umno.

But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.

Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.

In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.

My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.

It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.

All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.

I miss my freedom

I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.

But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.

Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.

Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.

I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people – the pent-up pain and suffering, misery and heartache – that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.

Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.

Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.

Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.

Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most – the ballot box.

God bless.

P Uthayakumar
Kamunting Detention Camp, Perak

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park at your own risk no more

April 26th, 2009
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Car park operators have a problem now. Remember those notices that says they are not liable for any damages to your vehicle or theft, well that has changed. The court made a decision saying that they are indeed responsible:

Yesterday, a magistrates court here ordered a car park operator to pay lawyer John Heah Wee Theng RM1,668 for items stolen from his car parked at an open air car park near Komtar two years ago.

The items included a compact disc and cassette player with a CD of a compilation of Neil Diamond’s songs, an amplifier, and a pair of Ray-Ban sunglasses.

In his statement of claim filed against Timur Car Park Sdn Bhd, Heah said the notice board at the entrance to the car park stating that the defendant was not responsible for any loss or damage did not absolve the defendant from its duty of care and from liability.

In its defence, Timur Car Park argued that the notice board at the entrance meant Heah had clear knowledge that he was parking his car at his own risk.

The company added that it only provided a parking facility for the public and not a security service to prevent theft or trespass, and did not have duty of care.

It said Heah could have failed to lock his car and activate the alarm system, or failed to ensure that the alarm system and the locks of the car doors were all functioning well.

Heah said he parked his Kenari at the former open air car park next to the Traders Hotel at about 8.30pm on Oct 20, 2007.

When he returned to his car at about 9.40pm, he found the door on the driver’s side unlocked and the items missing.

He said he paid RM2.40 to the company as parking charges for the duration, and the company had a duty of care to watch over the vehicles parked in the car park.

Heah said he parked in a bright spot near a lamppost, adding that there were only 50 to 60 cars there at the time when the car park had a capacity for about 250 to 300 cars. He also said one or two of the car park’s workers were patrolling the area on motorcycle.

Magistrate Mohamed Aznin Mohamed Ariff allowed Heah’s claim for the sum, with interest and costs.

Fomca welcomes the move and so do we all!

The Federation of Malaysian Consumers Association (Fomca) welcomed the decision of the court to hold a car park operator liable for items lost from a car parked under its care, although there was a sign to say owners parked at their own risk.

Fomca secretary-general Muhammad Shaani Abdullah described the case as a “landmark decision” and hoped other car park operators would take note and provide better security.

“Our stand has always been that so long as consumers pay for any services, they are expected to get the required benefits,” he said on Saturday.

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MINDRAF???

April 25th, 2009
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Yup folks, add another one to your list. MIC, IPF, PPP, MIUP, DAP, Gerakan, PKR, PSM, and now MINDRAF.

Its being formed by Manuel Lopez and his friends. The name is similar to HINDRAF…hmm…

The party has not got ROS approval yet. They have four objectives: release of HINDRAF detainees in ISA, financial status of Indian cooperatives and companies, task force within the National Registration Department to aid Indians without any identification or citizenship documents,  and plight of contract workers in estates and construction sector.

Just like lots of ASM/ASW units and no money to buy, we have lots of political parties, but not enough members. And now I have to create a new blog tag for this fellows.

Lopez, who was formerly a journalist for almost 40 years, today announced the formation of a new political party called the Malaysian Indian Democratic Action Front (Mindraf).

Mindraf, according to Lopez, is a party that he has been promoting for the past three years and currently has some 3,000 avid followers.

Lopez (left), 59, founder of the party, told a press conference that Mindraf’s objective was not focussed on gaining any political mileage.

On the other hand, it would be service-orientated and concentrate on the settling issues affecting the Indian community.

“We have gone around the Peninsular except Kelantan and Terengganu and I have received good support. I already have a community service centre in Seberang Prai and have solved thousands of problems,” he claimed.

Furthermore, he said that once there were established, they aimed to start off a service centre in Brickfields, Kuala Lumpur and one in Ijok, Kuala Selangor.

“We are not looking for ministerial positions […] we want to be the people’s representation,” said Lopez at the press meet held at a restaurant in Kuala Lumpur.

Mindraf, however, has yet to be registered with the Registrar of Societies. Lopez said he will only receive the full list of office-bearers in June and proceed with the registration process from then onwards.

‘Not here to defend themselves’

He added that he would be the pro-tem president of party and several close confidants, who had worked closely with him in forming the party, would hold the other senior positions.

“We want to work partly like a non-governmental organisation […] but if we register as a political party we’ll have more authority,” said Lopez.

He also explained that the similarities in acronyms ‘Mindraf’ and ‘Hindraf’ was a ‘pure coincidence’.

Asked whether Mindraf had come to replace pivotal Indian-based parties such as the MIC and PPP which were almost annihilated in last year’s polls, Lopez said: “I have no comments. It is not fair for me to criticise them when they are not here to defend themselves”.

Quizzed on the relevancy of race-based political parties in today’s atmosphere, he said: “It is healthier to take a non-communal stand but to do so, the whole political climate of our multi- racial nation must be cleared of the clouds of communalism”.

“Maybe the people at large, when they become more right-thinking and rational, will understand that the vital issues of prosperity and well-being lie outside the narrow and nefarious alley of communalism.

“Until such time, communal parties representing the major races will continue to play their role,” he stressed.

According to Lopez, Mindraf has thus far been operating on small scale and was being funded ‘by several good Samaritans’.

He claimed that said some members from the existing political parties had expressed their interest in Mindraf and were keen to join the party soon.

Lopez said that after obtaining registration, the party would take up four key issues with the newly-formed cabinet and Prime Minister Najib Abdul Razak.

Similarity of aims

“Firstly, we will request for the release of the Internal Security Act (ISA) detainees particularly the three Hindraf leaders.

“Secondly, we will ask the government to appoint a commission of inquiry to look into the financial affairs of a several Indian cooperatives and companies which have collected millions from the community but have not delivered, ” said Lopez.

Besides that, Mindraf would also urge the government to set up a task force within the National Registration Department to aid Indians without any identification or citizenship documents.

Lastly, Lopez said the party would also approach the Human Resources Ministry to look into the plight of contract workers (left) in the estates and construction sectors.

He said that the new government was reasonable and with the ‘proper approach’ their memorandum might be taken into consideration.

When asked as to the similarity of aims of Mindraf and other political entities such as PKR and PSM, Lopez maintained said the issues he outlined have not been solved and therefore there was no need for Mindraf to have a unique struggle.

He expressed confidence in Mindraf getting approval from the Registrar of Societies pointing out there were no ‘subversive elements’ in the party.

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Indira to get her kids

April 24th, 2009
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She was skeptical until its in black and white. She wants to see her kids original names and religion on paper. The cabinet can say thousand and one things, but law is law. She is right.

Today, the Ipoh High court granted Indira interim custody of her three kids. It also granted injuction preventing her husband from entering their home. Does it mean the Jabatan Agama fellows can enter?

Judicial Commissioner Ridwan Ibrahim, who presided over the matter in chambers Friday, also ordered the police to assist Indira Gandhi in carrying out the court’s orders.

He set May 12 for an interparte hearing of the matter, to allow Indira Gandhi’s husband, K. Pathamanathan, 40, to give his side of the story.

When met outside the courtroom, Indira Gandhi’s counsel Augustine Anthony said the judicial commissioner had granted all requests listed in the originating summons.

He said that the matter of the children’s religion would be handled at a later date, pending the court’s decision after May 12.

When approached, a tearful Indira Gandhi said she was very happy with the court’s decision.

“But I will be even happier once all my children are finally with me,” she said.

The police are asked to assist Indira in getting back her baby and the husband is not allowed access to the kids without her permission.

Lawyers agree with the fact that a cabinet directive is just that – a directive:

Meanwhile, lawyers A. Sivanesan and M. Kulasegaran, who are also assisting Indira Gandhi in the case, said the Cabinet’s decision Thursday on conversion should be turned into a law.

“A directive has no legal effect in the court of law. It may be persuasive in court but again, it has no legal effect,” said Sivanesan.

Kulasegaran said the Religious Department could choose to ignore the Cabinet’s decision for a directive was “no different from mere advice”.

The Cabinet decided on Thursday that the children of parents who are divorced and where one parent converts to another religion have to be brought up in the ”common religion at the time of marriage.”

I was wondering when the protest will come, and it not surprisingly, the Syariah Lawyers have expressed shock over the Cabinet directive. Well, serves them right. All this while, they were not following justice and were shaking legs when conversion problems occur. How many families suffered? Where were they then?  Now want to express shock??? We have a chance to fix the problem, so these fellow should zip it. If can’t help, then just keep quiet.

Anyway, I expect the problem to get bigger as more and more “NGOs” representing their religion voice their unhappiness. According to Perak Mufti:

Perak Mufti Datuk Seri Harussani Zakaria has urged the government to get views from the Malaysian Mufti Council before making any decision regarding Islam to avoid confusion.

He said the government decision that a child’s religion must be in accordance with the common religion of the parents at the time of marriage should have been discussed by the council beforehand.

“In Islam, when the father or mother is a Muslim, the child automatically becomes Muslim unless the child is above 15 years of age and can choose his own religion,” he said here today.

But in Hinduism, every soul is an Hindu. So how? If we follow track of whose religion is greater, it will be a neverending problem as I will say my religion is the truth, while another fellow will claim his is the true one. The only solution, ensure we all agree on common law. Any fellow want to convert, force him to come clean. Don’t create problem for the rest of the people, especially the family. Don’t insult or embarass your new religion until people look down on it.  I hope their religious people can see some light and think practically.

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Give money to buy units

April 24th, 2009
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Well, many people have the same idea me – the makkal should be given some funds to buy the ASM/ASW units. If not, high possibility that we won’t be able to take the quota allocated to us.

Renewing their call  is MIC. Samy Vellu says the following:

…  MIC president Samy Vellu expressed concern that many Indians may not have the financial capabilities to take up the 15 percent quota of Amanah Saham Malaysia shares allocated for the community.

He said according to Permodalan Nasional Berhad (PNB), as of last Wednesday, Indians had only taken 10.71 percent or 53.5 million units of their quota of 499.5 million units offered compared to the Chinese who have taken up all the 999 million ASM units, or 30 percent quota, offered to the community.

He proposed that the government assist the Indians by providing a partial grant or loan to buy the shares through any of its agencies or financial institutions.

“If there is no financial assistance provided for them, the 15 percent quota will not be met and such a scenario will disable our (Indians) target of achieving 1.5 percent equity participation as envisaged under the Ninth Malaysia Plan by next year,” he said in a statement here.

He said MIC has set up a monitoring team headed by him and assisted by Subramaniam and Deputy Minister in the Prime Minister’s Department (Economic Planning Unit) SK Devamany to ensure that the target of 15 percent was met.

“The team will identify the problems faced by Indians to purchase the shares and submit a proposal to the government for further action,” he said, adding that the party’s Social Strategic Foundation would be roped in to carry out surveys.

Samy Vellu said many Indians were keen to buy the ASM shares but could not do so as they could not come up with the money.

He also called on Indians who have the purchasing power to buy more ASM shares so as to double or even triple the amount. “This is the best savings mechanism for our future,” he said.

He also suggested that Indian-based cooperatives, associations and NGOs with sound financial standings to buy the ASM shares on behalf of their members.

Meanwhile, Subramaniam said he would discuss with Prime Minister and Finance Minister Najib Abdul Razak on a mechanism to ensure Indians could purchase the entire ASM shares allocated to them.

“I will also request the prime minister to reserve a specific percentage from the two billion Amanah Saham Wawasan 2020 shares that will be on sale next week,” he said.

The prime minister had announced last Tuesday that of the two billion ASW 2020 shares, 51 percent would be reserved for bumiputeras while the balance 49 percent were reserved for non-bumiputeras.

Well, your guess is good as mine. Will we get a grant or loan? Can it be channeled to the poor family, like those registered with Welfare Department, MHS, and other NGOs? Will some allocation provided for those in the middle class bracket who are also suffering due to economic downturn?

On another note, MIC should have anticipated or known about this, if they have done their homework properly. They keep on saying Indians are doing well, got good jobs, lots of money, not marginalised. But look at the situation, we can’t even generate RM50 million, let alone RM499 million.

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