Subscribe in a reader | Subscribe by Email the hearing continued today with Gani Patail making his submission. the judgement panel deferred the verdict to another undetermined date. more waiting time for the community!
Most interestingly, the PM had made sworn statement that the HINDRAF leaders had links with LTTE. This it seems is related to a police investigation. Now, isn’t this enough to bring them to court and charge the 5 with terrorist activities. Unless there is no such evidence and everything is purely based on assumptions and “what-ifs”.
Thorough probe was done, says A-G
By RAPHAEL WONG
source
PUTRAJAYA: The Internal Security Minister had issued detention orders against five Hindu Rights Action Force (Hindraf) leaders after police had completed investigations against them, the Federal Court heard. Attorney-General Tan Sri Abdul Gani Patail said in this case, a thorough investigation was conducted by the police and following the report, the minister had found them to be a threat to national security and public order in the country.
He said defence counsel Karpal Singh had eluded the part of the detention in which the minister stated that police investigations revealed the Hindraf movement had incited racial sentiments and hatred towards the Government. “Looking at the matter objectively, one cannot say that the minister went on a frolic on his own,” he said, urging the court to dismiss Karpal Singh’s submission as mere baseless conjecture.
Abdul Gani added that the minister was the proper person with unfettered discretion to issue the detention order.
M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar are appealing against the High Court’s decision on Feb 26 to dismiss their habeas corpus applications which they had filed seeking their release from what they claim as unlawful detention. High Court judicial commissioner Zainal Azman Ab Aziz threw out their applications, saying that the detention orders issued by Prime Minister Datuk Seri Abdullah Ahmad Badawi on Dec 13 last year were valid under the law.Abdullah, in his capacity as Internal Security Minister, had issued two-year detention orders against the five men under Section 8(1) of the Internal Security Act 1960.
Chief Judge of Malaya Justice Alauddin Mohd Sheriff and Federal Court judges Justices Arifin Zakaria and Hashim Mohd Yusoff adjourned the proceedings to a date to be fixed.
AG: PM did not act in ‘cavalier fashion’ against Hindraf 5
http://malaysiakini.com/news/80818
Andrew Ong | Apr 3, 08 2:30pm
The decision to detain five Hindraf leaders under the Internal Security Act (ISA) was made based on information provided by the police, attorney-general Abdul Gani Patail told the Federal Court today.
In his submissions, Abdul Gani dismissed the appellants’ charge that the then Internal Security Minister Abdullah Ahmad Badawi had acted in a cavalier fashion in issuing the detention orders. “The prime minister… had ordered their arrest (last December) upon a thorough police investigation which deemed them as a threat to national security,” he said.
The Federal Court is hearing an appeal against the Kuala Lumpur High Court decision in February to reject a habeas corpus (wrongful detention) application by the five Hindraf leaders.
Abdul Gani argued that Abdullah’s affidavit in-reply during the High Court proceedings had stated that the latter had gone through the detailed facts raised during police investigations. He added that these include claims that the appellants had through their past activities raised racial sentiments, hatred for the government and had links with terrorist organisations such as Sri Lanka’s Liberation Tigers of Tamil Eelam (LTTE).
PM’s sworn statement
Abdul Gani also read Abdullah’s sworn statement in court, which said the five could have started racial riots and linked them to LTTE.
“In pursuing their cause, Hindraf had tried to get international acknowledgement and help from the terrorist organisation LTTE with the intention of further inciting riots in this country, which has and will threaten peace and national security,” the statement said. “If not stopped and contained, this could cause racial riots on a larger scale in this country, threatening peace and national security,” it added. As such, Abdul Gani argued that Abdullah, also the prime minister, could not have acted in a “cavalier fashion” as submitted by appellant’s counsel Karpal Singh yesterday. “There is no evidence to deny this. To say that there were no investigations and that the prime minister went on his own frolic is mere baseless conjectures,” Abdul Gani told the court.
Abdul Gani then told the country’s highest court that Karpal had eluded the fact that the police had provided detailed findings on the five Hindraf leaders and that the internal security minister had the “unfettered discretion” to issue the detention orders.
Case postponed
On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar – dubbed as the Hindraf 5 – were detained under Section 8(1) of the Internal Security Act 1960 for two years. Following this, the five filed a habeas corpus application to the Kuala Lumpur High Court on grounds that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by Abdullah were valid.
The matter is now under review of the Federal Court three-member panel comprising of Chief Judge of Malaya Alauddin Mohd Sheriff, Arifin Zakaria and Hashim Yusoff. The case was later postponed today as the three federal judges have to attend the funeral for former federal judge. A date for the next hearing has yet to be fixed. Karpal is expected reply to Abdul Gani’s submission during the next hearing.
Both the AG and the Home Affairs Minister are vested with too much discretionary powers so much so they assume powers far above the laws of the country.
The AG uses his (unfettered?) discretion to charge or not to charge any alleged criminal. He has the power to release an alleged criminal without him being charged in court. Doesn’t such discretionary power lead to abuse or even corruption?
When the Home Affairs Minister has unfettered discretion as the AG points out, what is there that power won’t be abused to intimidate and stifle dissent? Won’t such unmitigated powers in the hands of an individual be used in a malicious and discriminatory way?
When such powers invested in the hands of a mere mortal susceptible to human lust for power and manipulations lead to the loss of at least 2 productive years of an individual, presumed innocent as he was denied access to the laws of the nation?
It is high time parliament takes away such unfettered discretionary powers for the Home Affairs Minister and the AG to be manipulated and abused.
An impartial tribunal should decide, given all the relevant evidence, whether to detain a person without trial for such a long period (2 years).In fact it would be better and transparent if such offenders are charged in court. The court should decide if the alleged offender is guilty as charged and the court should mete out the appropriate punishment.
Uphold the laws. Do not make a mockery of the judiciary. Don’t play God!
The AG and the PM keep repeating that the police had carried out a thorough investigation into the activities of the Hindraf 5 and found those alleged activities to be detrimental to the security of the country.
The Hindraf 5 are supposed to have contact with the LTTE of Sri Lanka. The IGP, AG and PM claim that they have concrete and indisputable evidence.
Since they are purported to have conculsive evidence that the Hindraf 5 are terrorists or have terrorist links to jeopardize the security of the country, CHARGE THEM IN COURT AS SUCH.
The very fact that the Hindraf 5 are not charged shows that there is not even an iota of truth to those trumped up allegations. Is this how Islam Hadhari practiced, behind the veil of deceit and malice?
Charge if you are men enough to face the truth or RELEASE THEM UNCONDITIONALLY.
mauriya
Life is not a Kollywood movie where even the most improbable problem has very simple and happy solution. Where all the life’s problems are solved in three hours with the little help from some dancing, singing and fistfights.
Life is not a text book case study either where every thing is clear cut and has a solution that makes everyone and his dog happy.
ISA is a preventive act that meant to PREVENT some security incident from taking place. If the police wanted evidence as required by the criminal, then they would have to wait until the act is committed until the perpetrators can be charged. Obvious this is not a smart thing to do. The same goes for the US’ Patriot’s Act.
Obviously this act can be misused and had been misused for political purposes. But in the last few years, the guys who had been detained are mostly passport forgers, religious extremists like Al maunah,etc. There is no political prisoners are held under ISA.
I don’t agree that the HINDRAF goondas should be held under ISA (in fact I wrote to local papers about it, but not published). I know for a fact that (having attended their “talks”), the police has enough evidence to charge them under Sedition Act. But I can understand the thinking of AAB on holding them under ISA (though I am not about to share that here with you guys here).
But I agree, AAB should release HINDRAF 5. But this has to be a political decision and no amount of pressure from the PR will make AAB move. But I am encouraged to see MIC,MCA and Gerakan had made the calls to release them.
I read the news about SV meeting Syed Hamid and my take is that SV has managed to persuade Syed Hamid. Do you know why I think so ? Well, read the news and between the lines…
And BTW mauriya, I think you had been reading too much PR propaganda material and watching way too much Tamil movies. You sound just like Lim Kit Siang giving press statement…hey wait…are you Lim Kit Siang writing under a pseudonym ??
Dear Killer,
Pls. change your name to villain.
I did read few of your comments above HINDRAF & the leaders .
I’m not sure with you or your thingking but don’t thinks that 90% of Malaysian Indian is stupid . We not the emotional followers . We have our on mentallity to think the right and the wrong .Don’t think that you are the cleverest one.
Before you call the HINDRAF leaders as GOONDAS pls. see yourself first and asked yourself why you should call them like that. Did they do something to you or your dearest one?????
If you are INDIAN , pls. tell me that did you think that you get all the facilities and benefit that other races get in Malaysia ? If you are from rich family than I can’t say anything b’cos money will took place.
Pls. open your eyes and see around then you will know the truth.
Pls. remember HINDRAF and Makkal Sakhti is not figthing for power BUT fighting for Malaysian Indian right – equal right and not for us but for our next generation and also for your next generation.
It is interesting to note that there is still (but thankfully) only a small proportion amongst the Makkal who continue supporting SV and his hierarchy.
We have to understand that even if Hindraf is disbanded tomorrow it has achieved a big milestone in the history of Malaysia. The 5 who are behind bars are doing it on our behalf! They carry the Cross for us!
Hindraf has unleashed the powers in the collective force of the makkal. The Genie is out of the bottle and no one can put it back. The makkal have woken up and realized that it is the makkal who put these politicians in their
positions and that they can always ring the bell at the next election and get them to smell the ground again if they do not perform.
The Makkal have been given a good jolt and they now understand that they are not held to ransom and will not be held to ransom any longer by SV and the present MIC leadership.
The snow has snowballed and not even the UMNO with all their money and power could stop what was started off to catalyst the change in people’s minds. The Makkal are not the beggars – the politicians are – they beg for our votes. We demand for our rights and if they are not delivered they, the politicians can be thrown out – even this new lot who got elected recently.
SV claims that he will not do any more begging. In fact it if it is true that he has been begging all this while he need not be the chief of the MIC and we need not have the MIC at all. It may be true that he may have been begging for himself and the few around him! There is no one in the UMNO leadership who is going to listen to that begging any more.
Let us understand that with the way things were nothing could have materialized even if the whole gang in the MIC kissed the ground on which the UMNO leaders walked -(this is putting mildly – I was tempted to say that nothing would have happened if they kissed some part of the human anatomy!).
It is shocking to realize in hindsight that all of us have been swallowing all the arrogant statements and half truths of SV and his lot. He has stated that he is going to contest the next MIC elections for the position of leader! The present MIC deserve him as their leader if they continue in the same fashion being subservient to him and continue to elect him!
In fact all the people at the grassroots level – branches and divisions – the ordinary Thondans of the party should have a say in who they want representing them. Say for example – once we know that Tapah is to be alloted to be contested by the MIC (which should be announced at least a year ahead) – the grassroots should choose who they want to send up to Parliament and not SV and his friends ! The party will be made stronger!
If the MIC continues with the present selection processes – SV will continue to rule the MIC forever! The party is in such a state due to the lack of courage of people like SV who dare not bring in anyone into the MIC who has a differing point of view which may be right! Everyone has to be a “Yes” man or woman!.
However SV has decided to give the MIC a Funeral and maybe that is what should really happen and out of the ashes of the MIC we could get another organization to represent us!
Valzha Makkal Sakthi ! Valzha Hindraf!
Killer , are you the ‘ettapan’ writing under a pseudonym ?
SV was part of the evil team which made decision to use ISA . So it’s a drama to have him persuading BN to release H5 .
It’s funny that ppl like Killer talking about law …….. u see SV and VP done tons of wrongs and never caught … so whr is the proactive and reactive measures?? Thr was a BN leader said he will bring ‘parang’ to streets ….so did the proactive law worked ??
Having MBA isnt enough , need some rationale inside brain prior advising others ….
Well guys, if you choose to close your eyes and ears no body can help you. To say that indians have not benefitted is an idiotic statement. thousand of Indians from estate have made it to the univ without political connections and are successful in their life (me included). So if you are still struggling with your life, perhaps you should blame the guy in the mirror.
as I had said before, you guys will get blasted if you ever enter into a debate as you keep making idiotic and emotional statements without basis.
Well, I will be around for the next 5 years to see the results that you had brought by this makkal samadhi…
Killi : The real ettapans are the losers who can’t even stand on their own two feet and fight for themselves and keep asking for aid and subsidies…
Hello , did anyone said all Indians begging ? Does your MBA brain knows what it means of “justice” and “equality” ??
The point is Indians succeded in life because of self hard work . There are many good students (non-malays) whom had to dig deep into pockets to further studies in private when local Unis turn down their application .
Evidently mic is not marginalized if someone were to pull out all the black $$$ they are hiding under carpets . So those members will not understand lay ppl’s struggle.
Killer , prove us if Makkal were merely asking for aid and subsidies ?? Where , when and who ?? Dun talk rubbish , just prove it or go and hide behind any saree .
We all know mic members are getting aid and subsidies which is called cronism and nepotism . We’re not talking about your party internals . Makkal knew hence that’s why they abandoned mic March8 .