Archive for the ‘BornInMalaysia’ category

Update on Rajeshvari 2

September 10th, 2008
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Rajeshvari’s saga continues with more confusion. If earlier reports mentioned that she only spoke little Malay, could not remember her IC, and could not provide details of her background, today’s Star quoted Rajeshvari as saying:

“I know it’s my fault that I could not produce or remember my IC number but I did give the officers my address and school’s name only to be told that these did not exist,” she said. She claimed she told them this several times in Bahasa Malaysia but they did not believe her. “I was never a bright student and left school at 13 but I can still converse in basic Bahasa,” Rajeshvari added.

I think conversing in basic Bahasa Malaysia is not enough nowadays. Any foreigner can pick up the language within months. So, its important to carry your IC, or the police report if you lost your IC. My view is that now, Rajeshvari seemed to blame the officials for not doing enough to investigate her claims. Won’t be surprised if she takes legal action against the department.

Rajeshvari who earlier said she did not want to meet anyone, finally met her mother and sister:

M. Rajeshvari, 22, who was detained for 11 months at the Lenggeng Immigration depot here for not being able to remember her identity card number, was reunited yesterday with her mother and sister, whom she had not met or spoken to for more than three years.

Her sister Vigneswari, 26, said the family had no idea of the troubles that had befallen her and were shocked when they saw Rajeshvari on the front page of The Sunday Star. “I picked up the paper on Sunday morning as usual and was completely taken aback when I saw my sister’s picture. “She had left home some time ago and we heard from a relative that she was in Kuala Lumpur but we had no idea she was in trouble,” she said at The Star office here yesterday.

Her mother M. Parameswari, 47, was equally overjoyed to see her daughter again. “Not a day went by without me thinking about her. “She left home with her friends and we did not want to force her to come back. I always believed she would come back and now she has. “This Deepavali is definitely going to be special for us,” she said.

Update on Rajeshvari

September 9th, 2008
|  Subscribe in a reader | Subscribe to poobalan.com by Email


More update on Rajeshvari – The Star reported that the girl’s family are looking for her now, but according to Rajeshvari, she’s not interested in meeting them. And more surprisingly, the girl has some friends with whom she is currently staying with. The family background is reproduced below.

SEREMBAN: M. Rajeshvari, who was freed last Friday after being wrongfully detained in an immigration depot for 11 months, caused a scare when her family could not locate her over the weekend.

However, Malaysian Indian Youth Council vice-president Andrew Raju, who helped free Rajeshvari, finally got hold of her yesterday. Rajeshvari, he said, told him she was staying with friends but stressed that she was not ready to meet anyone, even her family.

Her family members have been looking for the 22-year-old after her story appeared in Sunday Star.

Her father, who only wanted to be identified as Murugiah, had been worried about her whereabouts.

When contacted in Kampar yesterday, Murugiah, a driver for Perak Unity and National Integration and Consumer Affairs Committee chairman and Keranji assemblyman Chen Fook Chye, said: “I just want to find my daughter. She has been missing for so long.”

His wife Parameswari, 47, and daughter Vigneswari, 26, are in Kuala Lumpur to look for Rajeshvari.

Earlier, Vigneswari said her sister left home two years ago and the family believed that she had been living in Sungei Besi. She said her sister stopped schooling at 13 while in the Remove Class. “We heard she got married in Kuala Lumpur but we were shocked to read her story.”

Court rejects application to free Hindraf ISA detainees

September 9th, 2008
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Note that Vasantha Kumar’s wife’s name not mentioned anywhere in the article nor seen in the photo.

Court dismisses application to free Hindraf five

Athi Veeranggan | Sep 8, 08 7:05pm

http://malaysiakini.com/news/89312

The Ipoh High Court today dismissed a habeas corpus application to set free five Hindu Rights Action Force leaders detained in Kamunting under the Internal Security Act since December last year.

The five – P Uthayakumar, 47, T Vasanthakumar, 35, M Manoharan, 47, R Kenghadharan, 41, and V Ganabatirau, 35 – were picked up on Dec 13 during a police crackdown on Hindraf leaders and activists following a mammoth rally led by the human rights group in Kuala Lumpur on Nov 25.

Judicial Commissioner Ridwan Ibrahim, who dismissed the habeas corpus application, ruled that the detention of the five was according to legal provisions and the government had correctly and rightfully used its discretionary powers under the law. “In summary, the court finds that there has not been any contravention as alleged by the applicants of their constitutional rights to approve the habeas corpus application,” said Ridwan.

He said the Advisory Board which recommended the extension of their detention also did not commit any wrong as it was not subject to use a judicial inquest in order to make a decision. The court was also of the view that the Advisory Board had its own methodology and procedures governed by the interest of national security.

Lead counsel for the five detainees Karpal Singh, who described the decision as “detrimental against the basic human rights and legal justice system of the country”‘ plans to file an appeal at the Federal Court in Kuala Lumpur before the end of this week.

Hindraf supporters and the wives of the leaders detained were visibly disappointed. “This is an injustice,” said B Buvaneswari, the 32-year old wife of Ganabatirau. “My husband and others were labeled as terrorist, then as threats to national security. However, until today, the government is yet to prove its case, but it has detained my husband indefinitely.”

In his affidavit, Karpal had argued the Advisory Board did not follow procedures when conducting proceedings to determine the truth and the basis of the government’s decision to detain the five leaders. He said it had been wrong to disallow the detainees and their counsels to cross examine the case investigating officer. Under the Article 151(1)(b) of the federal constitution, Karpal said the detainees had such a right. However, the investigating officer was only allowed to give his testimony to the board under camera, in closed door hearing. Karpal also cited a landmark case – Sugumaran Kannan v Inspector General of Police, in which the presiding judge Syed Helmy Syed Ahmad allowed the habeas corpus application and freed the ISA detainee due to the board’s ‘fatal failure’ to allow the cross examination on the relevant investigating officer.

Ridwan, however, adjudged that the advisory board did not breach any basic human rights of the detainees by not allowing the investigating officer to be cross examined.

Perak Hindraf coordinator A Vethamurthy, Manoharan’s wife S Pushpaneela, 47, Kenghadharan’s wife M Kalaivani were also present. Pushpaneela (left) said the court decision deprived Kota Alam Shah constituents of her husband’s services. Manoharan, who is the assmblyperson for the constituency. He won the seat during the March 8 general election even though he was in detention. Kalaivani, who looked depressed, said she hoped her prayers to the god to free her husband would be answered during the appeal.

Kohilan wins Gerakan Selangor State Chairman post

September 9th, 2008
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Other than a certain Ahmad who may well cause another 13th May incident (if we are to believe a pendatang’s son from Indonesia), one other news was of interest over the weekend.

Senator Kohilan Pllay became the first non-Chinese to win the Selangor state chairman position. He beat the incumbent Datuk Lum Weng Keong 187-175. I could probably reason that his position as Deputy Minister and Senatorship meant that if he lost, it will be a big blow to Gerakan’s multi-racial aims, but I won’t said it out loud 🙂

Gerakan is trying hard to shed their one-race party.

Kohilan, buoyed by the win, seem to set his sights on higher platform:

Asked if he would contest for the vice-president post, he said he would leave it to the party’s leadership to decide, although he had received support from many members.

All the best to Kohilan.

detained for 11 months because can’t proof citizenship

September 9th, 2008
|  Subscribe in a reader | Subscribe to poobalan.com by Email


This is indeed a tragic story. A young lady who pregnant was detained in Brickfields and kept in immigration detention depot for 11 months – during which she gave birth to a healthy baby boy (10 months old now!). Reason – she was unable to provide proof that she was a Malaysian citizen. 22 year old M. Rajeshvari who was educated up to primary school only, and speaks on a smattering amount of Malay language, could not remember her IC number (which she had lost), and could not provide accurate details on her background. She was jobless. Not in talking terms with her family members, so no one came looking for her. All this led to her detention for 11 months. Due to a stroke of very good luck, her case was forwarded to Malaysian Indian Youth Council vice-president Andrew Raju, who did the necessary follow-up and finally secured her release. She managed to remember her primary school name in Kampar, and Andrew tracked down the rest of the information from there.

Rajeshvari’s lucky release happened because a staff member at a clinic where Logekali was treated for food poisoning last week had alerted Malaysian Indian Youth Council vice-president Andrew Raju. “After my arrest, I kept telling the authorities I was Malaysian but no one believed me,” said a tearful Rajeshvari. Raju, when met outside the depot, said the officers did not pursue her case further as Rajeshvari could not give the right IC number or her parents’ address. “In the beginning, I also had a hard time checking her out because the information she gave turned out to be dead ends, until she recalled her primary school,” he said. Raju then contacted the school’s principal in Kampar in Perak, who managed to trace Rajeshvari’s birth certificate number. Raju then went to the National Registration Department in Putrajaya to get a letter confirming Rajeshvari’s citizenship.

Suhakam is angry with this treatment. Its commissioner Denison Jayasooria said:

One should get to the root of how the verification was done. Holding a citizen like that is a violation of human rights. “If language was a problem, they should have had an interpreter to get to the bottom of it. If it were not for the intervention of the clinic and a voluntary organisation, she would still be in there. He noted that there could be various reasons for her inability to communicate, adding that Rajeshvari may have been terrified, not of sound mind or not confident. “What safeguards are there? How can such a thing be avoided?” Dr Denison said, adding the Immigration Department must be held accountable and that an apology was not enough.

Sound logical too. Language shouldn’t be a barrier.

However, the Immigration Department’s official had a different view:

Immigration Department enforcement chief Datuk Ishak Mohamed said that the burden of proof of citizenship was on the person suspected of being an illegal immigrant. “The new Criminal Procedure Code also allows the suspect to make phone calls to anyone who can help,” he said, pointing out that the police had picked her up, not Immigration officials. “But, please, don’t tell me that after 22 years, you cannot speak Bahasa Malaysia? You mean she would not know how to sing Negaraku either?” he added.

To answer his question – I doubt the girl knows what Negaraku is in the first place. We are talking about primary school dropout, not university graduate. Where in the world can she listen to Negaraku if she last heard it 10 years ago in school? We are looking a someone from poor background, weak in studies, maybe from broken family, and without interest in studies. Would she had the interest to remember Negaraku? A jobless person who is pregnant and being caught by police, stuck in Brickfields, can’t remember IC number because lost the IC – who will she call? What phone number will she remember? But she should be faulted for not being able to talk in Malay language. At least some rojak or bahasa pasar also will do. But wait a minute, even the foreign workers who are in Malaysia for a year or two can speak good (passable) Malay! Does it mean she have to speak like SPM A1 student?

Samy and Dr S.Subra were also talking about this between themselves in the funeral yesterday. They were also wondering how a person could not remember IC number and could not speak Malay language.

I think its a stroke of really bad luck for Rajeshvari that caused her this problem. Lack of education, being at the wrong place at the wrong time, and coupled with bad judgement and lack of initiative by the officials, all led to her misery.

Hopefully, this will be a lesson to all.