Posts Tagged ‘Protest’

hindraf leaders discharged over sedition act

November 27th, 2007
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Discharge for trio

By WANI MUTHIAH

source

KLANG: The three Hindu Rights Action Force (Hindraf) members charged with sedition at the Sessions Court here last Friday were given a discharge not amounting to an acquittal by the same court yesterday. The trio had been charged under the Sedition Act for allegedly uttering words to incite hatred in their speeches at a gathering in Batang Berjuntai on Nov 16. 

In delivering her decision, Judge Zunaidah Mohd Idris said the charge against lawyers P. Uthayakumar, P. Waythamoorthy and V.S. Ganapathi Rao appeared to be ambiguous because the prosecution had failed to provide original transcripts of the Tamil speeches. Only uncertified Malay translations of the speeches were attached to the charge sheets. According to Zunaidah, the prosecution should have transcribed the speeches in the original language first before translating them into Malay and an accredited translator must also certify the transcription and translation.  Since the translation was not certified, it could not be known if it was an accurate version of the Tamil speeches made by the three defendants. 

All these factors, said Zunaidah, resulted in the court being unclear and unconvinced about the charge brought against the three.  She said she was unable to see the focal point of the charge even after thoroughly perusing all its pros and cons. 

Deputy Public Prosecutor Ishak Mohd Yusof, who received a sound thrashing from the defence team, made up of six lawyers including M. Manoharan, A. Sivanesan, Gobind Singh Deo and G.K. Ganesan, said the original transcripts would be provided during the trial. Ishak said there were precedents that supported the prosecution’s contention that it was not necessary to provide transcripts of the original speech at the plea-recording stage. He said the original transcripts would be tendered when hearing began and the translator would be called in as a witness to defend the accuracy of his translation. 

Gobind Singh asked why the prosecution had to wait until the trial to produce the transcripts of the original speech. Ganesan explained to the court that a Malay word had multiple meanings in Tamil and said this further questioned the accuracy of the charge as it was based on uncertified translations of the original speeches. Meanwhile, Manoharan noted that the prosecution had failed to adhere to Zunaidah’s instructions on Friday to attach the Tamil transcripts of the speeches to the charge sheet and asked why it had failed to follow the judge’s instructions. 

Ramdas Tikamdas and Amer Hamzah Arshad held watching briefs for the National Human Rights Society (Hakam) and the Bar Council respectively. Ramdas said that given the obvious ambiguity of the charge and the prosecution's non-compliance of a direct order, the court should lean towards a decision that upheld the fundamental liberties enshrined in the Federal Constitution. PKR advisor Datuk Seri Anwar Ibrahim was also at the courts to see Uthayakumar, Waythamoorthy, and Ganapathi. Later, the Hindraf leaders addressed about 3,000 supporters who had gathered outside the court complex. 

Uthayakumar said he had merely presented a slideshow in Batang Berjuntai showing what was actually happening on the ground and what was being said by those at the top. “They cannot accept this and decided to call it seditious,” he said.  

Waythamoorthy, who had refused bail on Friday as a sign of protest, said the movement had planned the rally as a peaceful gathering to hand over a petition for the Queen but the police had refused to issue a permit. “Bus permits for those travelling from outstation were also cancelled.”

najib denies samy vellu is mandor

November 27th, 2007
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Najib: Government ready to deal with political challenges

source

PETALING JAYA: The Barisan Nasional Government will face the “political challenges” thrown by the Hindu Rights Action Force (Hindraf) group which defied the law and went ahead with its rally on Sunday.  “We will meet the challenge. We will not back down from political challenges,” Deputy Prime Minister Datuk Seri Najib Tun Razak said when asked if the Government was pressured by the group, which alleged that Hindus in Malaysia were being marginalised. He pointed out that if the Government had practised discriminatory policies against the Hindus as claimed by Hindraf, the Indian community in the country would not have supported the Government all this time and Barisan Nasional would not have been able to achieve big victories in elections. “Now, they suddenly want to raise the issue (of being sidelined). It’s politically motivated,” he said at a ceremony for the delivery of three Dauphin AS 365N3 helicopters by Eurocopter to the Malaysia Maritime Enforcement Agency yesterday. 

Najib reiterated that street demonstrations only produced negative effects on the national economy, besides inconveniencing the people. “Businesses are affected and the people are also inconvenienced by a few days of traffic jams as police set up roadblocks,” he said.

Hindraf defied a court order and went ahead with its gathering on Sunday and police used tear gas and water cannons to disperse the illegal gathering. Thousands converged at various locations in the city to give support to Hindraf's plan to submit a petition with 100,000 signatures to the British High Commission. The petition was to ask Queen Elizabeth II to appoint a Queen’s Counsel to represent the Indian community in a class-action suit filed against the British government for bringing in Indians as indentured labourers to the then Malaya and exploiting them. Hindraf called off its protest after seven hours without handing over its memorandum to the British High Commission.  

At another function later, Najib denied claims that MIC leader Datuk Seri S. Samy Vellu was a “mandor” of Umno and an ineffective leader for the Indian community.

In Penang, acting Gerakan president Tan Sri Dr Koh Tsu Koon said the Indian community could use other avenues to air grouses, as they were well represented in the Barisan Nasional coalition. Dr Koh said the Indian community could use signature campaigns to highlight their grievances.

collection of news on hindraf from the sun

November 27th, 2007
|  Subscribe in a reader | Subscribe to poobalan.com by Email


http://www.sun2surf.com/article.cfm?id=20072
ISA may be used on illegal demonstrators, says Johari

136 arrested at rally under remand | Govt's unfair policies claim not true, says Najib | Johari: Not fair for BN MP to blame govt for Indian woes
B. Suresh Ram and Giam Say Khoon
KUALA LUMPUR (Nov 26, 2007): The government has not ruled out the possibility of using the Internal Security Act (ISA) on those involved in illegal demonstrations and gatherings.

Deputy Internal Security Minister Datuk Mohd Johari Baharum said the government may have to look into the use of detention without trial provisions in the future if such illegal demonstrations continue to mushroom.

"If the situation warrants it, (we will use the ISA)," he told reporters in Parliament lobby yesterday.

The ISA, a colonial piece of legislation that was enforced to deal with the communists during Malaya's emergency, allows for indefinite detention without trial.

Johari said the government may have to consider using the ISA following the Hindraf demonstration yesterday and the Bersih demonstration two weeks ago which have raised concerns about public safety, security and economic losses.

Johari denied the government was one sided when it came to the issuance of permits for public gatherings.

He said permits for public gatherings were issued if they were beneficial to society.

"Not for a situation which causes problems," he said, adding that the authorities will scrutinise permit applications thoroughly before deciding.

Earlier, he defended the approach taken by the police in breaking up the illegal demonstration by Hindraf yesterday, and in handling the more than 10,000 protestors.

He said police personnel ensured there was no body contact with the demonstrators when carrying out their duty.

However, visuals on Al-Jazeera and pictures which have been posted on the Internet show that some demonstrators were wrestled to the ground and dragged away by the police.

Johari said that after trying to disperse the demonstrators through the use of tear gas and water cannons, the police used the "soft approach" by asking Hindraf leaders to address the crowds to tell them to disperse.

He also said police would be investigating all those hauled up yesterday, including demonstration backers.

"We will trace those behind it and will investigate and take the appropriate action," he said.

He added that despite a court order prohibiting the assembly in front of the British High Commission, the lack of a police permit for the gathering, and sufficient warning by the police, the organisers and participants of the demonstration still chose to defy the rule of law.

"This showed that they came not because of the memorandum. Certain quarters have made use of the demonstration for their own benefit," he said.

136 arrested at rally under remand

KUALA LUMPUR (Nov 26, 2007): Bukit Aman CID director Datuk Christopher Wan confirmed today that the 136 people who were arrested during the Hindu Rights Action Force (Hindraf) rally yesterday were now being remanded for between one and three days.

Wan’s deputy Datuk Acryl Sani Abdullah Sani also said the detainees were being investigated under Section 188 of the Penal Code for disobeying an order by the police.

Offences under Section 188 are punishable with a maximum imprisonment of six months or maximum fine of RM2,000 or both.

"The arrests were done by the Selangor and Kuala Lumpur police under Section 27 of the Police Act (power to regulate assemblies, meetings and processions)," Acryl Sani said.

Acryl Sani told reporters in a function today the police had a special meeting today to discuss the rally and would arrive at some conclusions by Thursday (Nov 29).

Govt's unfair policies claim not true, says Najib

PETALING JAYA (Nov 26, 2007): The Barisan Nasional (BN) would not have had the Indian community’s support through the years if the government, led by the coalition, practised unfair policies, Datuk Seri Najib Abdul Razak said.

Responding to comments by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar that the Indians who demonstrated had been oppressed since independence, the deputy prime minister said if that were true, the BN would not have survived this long in government.

Uthayakumar’s comments were made during a live TV interview on Al-Jazeera news yesterday.

"All of a sudden he wants to raise the issue which is politically-motivated," Najib said today after a handing over ceremony of three helicopters to the Malaysian Maritime Enforcement Agency by Eurocopter Malaysia in Subang Airport.

Najib said the street demonstrations affected the country’s image, disrupted business and inconvenienced the public because of the police road blocks that were set up to stop the demonstration.

Asked if the demonstrations were a challenge to the BN, Najib said the BN would not back down from a political challenge.

In Penang, Gerakan acting president Tan Sri Dr Koh Tsu Koon said Hindraf should have engaged in constructive consultation rather than take a confrontational stand.

Koh, who is also Penang Chief Minister, called for a press conference to urge those involved to use peaceful forums rather than street demonstrations.

Citing the efforts by the Sri Murugan Centre to motivate Indian students through incentives, Koh said those who were discontented and felt left behind "should turn these negative feelings to do something constructive about it".

Koh said the best way for the group to voice their discontentment was to use existing channels of communications, for example, through a signature campaign, adding that the government was always open to suggestions.

In Kuala Lumpur, MCA president Datuk Seri Ong Ka Ting said complaints must be channeled legally, adding that an illegal rally was a threat to the country’s image and stability.

"I believe this is also the view of many people and I hope there will be no more illegal rallies in the country," he told reporters.

In a statement today, however, Centre for Public Policy Studies chairman Tan Sri Ramon Navaratnam called on the government to recognise the democratic right of freedom of assembly.

"If we want to consider ourselves a true democracy, then the police should stop immediately its high handed and excessive use of force at dispersing peaceful crowds," he said in reference to the Hindraf rally, and the Nov 10 Bersih rally.

To the government’s insistence that people should raise their concerns in forums instead of demonstrating, Ramon said such forums have been conducted with little avail.

"(The people’s) articulations are compiled into reports and submitted to various committees, but it is precisely inaction and non-response from the government that has fuelled frustrations among those groups who have not received equal treatment," he said.

He also urged the government to examine the root causes that underlie the recent rallies.

"These expressions of frustration and anger arise from a significant proportion of the Malaysian public. These must be factored into policy-making processes, and not ignored," he said.

Johari: Not fair for BN MP to blame govt for Indian woes

KUALA LUMPUR (Nov 26, 2007): A backbenchers was told today it was unfair for him to accuse the government of being unfair to the Indian community when it comes to sharing the country’s economic pie.

S.K. Devamany (BN-Cameron Highlands) had said, when posing a supplementary question, that despite measures promised by the government in its 2020 Vision policy and the Ninh Malaysia Plan, the reaction (Hindraf's demonstration) yesterday showed that there is frustration in the lower rung of the Indian community which saw the involvement of youths and those from the middle income group.

"What are the actions taken to show proof of the government’s efforts in overcoming poverty and limited opportunities in the Indian community," he asked Deputy Internal Security Minister Datuk Mohd Johari Baharum in Parliament.

Johari, replying in Parliament lobby, said it was not fair for Devamany to say the Indian community took to the streets on Sunday because the government was not being fair to them.

"How can he say that the demonstrations were due to Indians’ frustrations," he said.

Deputy Minister in the Prime Minister’s Department Senator Datuk Abdul Rahman Suliman, replying to a supplementary question from Lim Kit Siang (BN-Ipoh Timur), said the Barisan Nasional government was never dictated by demonstrations when it comes to improving the well being of the people.

"’The BN government is always sensitive to the needs and interest of the people. Attention to which has always been paid, even when there is no demonstration," he added.

Lim, in a statement, demanded that Devamany publicly apologise for his Aljazeera interview yesterday (Sunday) for belittling the Hindraf demonstration and condemning the demonstrators.

"The Cabinet on Wednesday (Nov 28) must discuss the ‘cry of desperation’ of the Malaysian Indians symbolised by the 30,000-prople strong Hindraf demonstration," he aadded.

collection of hindraf related news on malaysiakini

November 27th, 2007
|  Subscribe in a reader | Subscribe to poobalan.com by Email


NOTE: you may need to subscribe to read most of the articles.

SPECIAL REPORT: The Hindraf protest
http://www.malaysiakini.com/news/75315
Nov 26, 07 7:32pm

Very rarely do Malaysians see such defiance. Despite repeated warnings and a court order which allowed the police to 'arrest on sight', they came out in the thousands on Nov 25 into the streets of Kuala Lumpur.

It was, in part, a protest inspired by Indian independence activist and pacifist, Mahatma Gandhi.

Like Gandhi, the Hindraf supporters were out to show mass civil disobedience and it was prominently shown by a crowd of almost 5,000 near the Hotel Maya at Jalan Ampang.

For at least five times, the crowd would run helter-skelter at each ‘water canon charge’, only to defiantly claim back their original positions, chanting “We want justice!” in both Tamil and English.

The following are a selection of Malaysiakini news reports, analyses, videos and letters on the Nov 25 Hindraf protest.

AFTER THE RALLY

Hindraf trio discharged from sedition
MIC MP: Rally reflects govt's failure
Hindraf 'manipulated' the innocent
Police draw flak over excessive force
Hishammuddin rapped for 'sacking' warning
Nazri: Breach the law, face consequences

NOV 25 RALLY

Fearless Indians fight for rights
A Gandhi-inspired mass civil disobedience
30,000 Hindraf protesters rally in KL streets
Tear gas fired at defiant protesters
Hindraf to submit petition in London
Samy tells Indians to work 'within the system'
Anwar: Hindraf rally a safety valve

BEFORE THE RALLY

Hindraf: Let us hand petition and go home
MIC: Hindraf is stooge of the opposition
Hindraf – a new force is born
Hindraf trio freed on bail
Three Hindraf leaders arrested
Organisers vow to proceed despite ban
Cops obtain rare court order against Hindraf
Rumours rife, Hindraf not amused
Police reject permit for Hindraf rally

VIDEOS

Nov 25 rally
Hours of the rally
l 10 min
Cat and mouse around KLCC l 8 min
Confusion on Jalan Ampang l 2 min
Sucking tear gas and chemical-laced water l 7 min
Police accused of unprovoked attacks l 2 min

The day before
Uthaya's prediction for Nov 25 l 15 min
Hindraf leaders give impromptu briefing at temple l 10 min
Hindraf supporters head towards temple l 9 min
P Waythamoorthy refuses bail l 4 min
Hindraf supporters gather to show support l 4 min
The Hindraf arrests: Scenes in Shah Alam l 4 min
Hindraf rally: Cops warn of 'stern action' l 5 min
Police raid offices of two Hindraf lawyers l 6 min

LETTERS TO THE EDITORS

Be rational, be sensible
Nov 23, 07 7:43pm
Hindraf rally: Arrests, roadblocks will make it worse
Nov 23, 07 6:24pm
Indian ruling elites have failed us
Nov 23, 07 6:22pm
Right to rally reserved for Umno Youth
Nov 23, 07 6:20pm
PM, wake up and take a look around
Nov 23, 07 6:19pm
‘Bulldozing faith’: Hindus not under siege
Nov 5, 07 6:34pm
I’ve never felt such an outrage before
Nov 5, 07 6:28pm

Fearless Indians fight for rights

November 26th, 2007
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Fearless Indians fight for rights
http://www.malaysiakini.com/news/75289
K Kabilan
Nov 26, 07 4:17pm

news analysis “Let’s see how makkal sakti (Tamil for ‘people power’) works now,” was Hindraf chairperson P Waythamoorthy’s reaction, just after he and two other key leaders were arrested 48 hours before the rally planned by the Hindu Rights Action Force (Hindraf).

And on Sunday, the people – almost all from the Hindu community – responded impressively by taking part in the rally which attracted an estimated 30,000 from all over the country. 

Waythamoorthy (right) and his brother Uthayakumar (left)are the prime movers behind Hindraf. Apart from often being the first to react with a grassroots presence whenever an incident involves the community, they have also held a successful nationwide roadshow to remind Indians of their rights.

In the process, Hindraf has tapped the anger within the community, and it was shown by those who participated in the rally and the thousands of others who were prevented by the police from entering Kuala Lumpur.

The real heroes, though, were the protesters.

This was a crowd which is angry with the way Indian Malaysians are being treated. They are fed-up with being downtrodden. They are frustrated with being treated as third-class citizens in their own country.

So, they had no hesitation about accepting Hindraf’s invitation to come to Kuala Lumpur to express their anger despite the prior warnings issued by the polic and political leaders – and in defiance of a restraining order that could see them jailed for contempt of court. 

As many told Malaysiakini, the most recent demolition of a Hindu temple in Klang was the catalyst for their presence.

‘Hear our voice’

Many of the protesters were out-of-towners. They have been deprived of a forum and the opportunity to say their piece. Many are also MIC supporters, now with full regret that the only Indian-based party in the Barisan Nasional has been helpless in stopping temple demolitions.

“This is the end. We have come here to protest against how the government treats us. They can beat us today. They can put us in prison. We don’t care. We want to tell the government that we are fed up,” said 52-year-old S Aiyakannu from Old Klang Road.

His son Palani led a three-bus convoy from up north.

“For us, it is like a life or death situation. If our voice is heard today, good. Otherwise, this frustrated community will have to show that we can’t be taken for a ride at all time,” he added.

Others shared his sentiments. Many have not seen Waythamoorthy or his brother Uthayakumar but have heard of their movement to mobilise the community fo the rally.

“We have had enough of this bad treatment. They (government) can’t push us any lower. This is the limit. I am not here to support Hindraf’s suit against the UK government but I want to be here to show my anger,” said K Suresh from Sungai Petani.

The majority of the crowd was well-behaved, showing expected grit in the face of the heavy police presence and eventual use of water cannon and tear gas.

Every time they were sprayed with chemical-laced water and tear gas, they retreated only to come forward, in a bigger number.

Many carried posters of Mahatma Gandhi to symbolise their pacifist stand, and carried none of the banners and posters usually associated with political rallies.

The protesters gathered at about nine locations around Jalan Ampang and the KLCC . Every time there were stopped from marching forward, they would disperse and regroup at another spot. (See map below)

At times, they even manage to disperse and regroup behind the police line, forcing the FRU trucks and street personnel to turn around or alter their positions.

Ready for battle

Eyewitnesses say that reports of protesters hurting the police are exaggerated. In most spots, it was the other way round with the protesters taking the brunt of tear gas and chemical-laced water.

While no one disputes that police response had initially been retrained, the kid gloves came off the moment they started arresting the protesters for breaching the court order that banned the rally. Some were dragged along the road and hurled into waiting police trucks.

Even as they were being arrested, many submitted without resistance or complaint. One old man was heard saying that he was proud to be arrested over a cause for his community.

Similar sentiments were heard when the protesters were hit with water and tear gas.

“We are people who work hard to live. We don’t work in air-conditioned offices like the KL people. We work under the sun and rain. We are hardy. Let them hit us with anything. We will stand still,” said Raman, a bus driver from Batang Berjuntai, Selangor.

Comical moments

Although emotions sometimes ran high, there were some light-hearted moments at the expense of the police, which lifted the spirits of the protesters.

On one occasion, police fired rounds of tear gas at their own men, totally missing about 1,000 protesters standing in the vicinity.

Seeing the men-in-blue running helter-skelter brought them joy, as much as seeing a Caucasian jogging in the middle of a stand-off between protesters and the police, oblivious to the tension around him!

The police did their best to disperse the crowd. After realising that tear gas, water cannon and arrests were not doing the job, they started telling the protesters that Hindraf leaders had submitted the memorandum as planned to the British High Commission.

They also said that Hindraf leaders had called for the protesters to disperse.

The protesters however were not buying any of this, telling the police to just let them march to the high commission and disperse from there.

“Never mind about the memorandum. Just let us walk peacefully right up to the high commission,” said a young man who was soon arrested for breaching the court order.

By the end of the six-hour cat-and-mouse game, it were the police who grew tired. Towards the end, they only concentrated on protecting their cordon around the high commission.

Wake-up call

One thing is sure. This was not a political protest. This was a protest against the marginalisation of the Indian community. It was a case of the community hitting the streets because they have no where else to take entrenched problems.

The show of force must surely be a wake-up call, not just for the community but also for MIC and the government.

Government leaders and the police can insist that the gathering was illegal but an overwhelming people power proved on Sunday that sentiments on the ground should not be neglected.

The Hindraf rally was the second mass protest this month – after the Bersih rally on Nov 10 – and the third if we include the lawyers’ ‘Walk for Justice’ in Putrajaya last month. 

The protesters on all three occasions had no fear whatsoever in making their stand – and at each event, the police could not find a definitive tactic to put them off their purpose.

If the momentum continues, the people power as envisaged by Waythamoorthy, could well lead to changes that are long overdue.