It is completely and absolutely unacceptable…

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.

p uthayakumar sedition trial 030209 01But 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.

brickfields uthayakumar hindraf 280209 marching to stationBy 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.

uthayakumar interview 051207 pausedI 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.

brickfields uthayakumar hindraf 280209It 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.

gantang by election 040409 hindraf candle light vigil kamunting isa detainees09I 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

Pakatan Rakyat finals: Selangor vs. Kelantan

People, let us know the results!

ETA: Here are the champions!

Photo credit to greespect.

The Altantuya Killing must be eradicated at all costs

Sedition trial: Arrest warrant for RPK
Apr 23, 09 9:57am
An arrest warrant has been issued against Malaysia Today editor Raja Petra Kamarudin this morning for failing to appear in the Petaling Jaya Sessions Court for the continuation of his sedition trial.
Raja Petra, 59, is facing trial for posting an allegedly seditious article entitled ‘Let’s send the Altantuya murderers to hell’ on his website.

The charge under Section 4(1)(c) of the Sedition Act carries a maximum fine of RM5,000 or three years’ jail, or both, upon conviction.

The popular blogger and his wife, Marina Lee Abdullah – who stood as his bailor – was no where to be seen when the court resumed today at 9.25am.

When Sessions judge Rozina Ayob asked for the accused, defence lawyer J Chandra informed the court that about a posting in Raja Petra’s Malaysia Today website in which the controversial blogger wrote that he would not be in court.

According to the posting, Raja Petra was on a “self-imposed exile” from Selangor and hence he could not be in Petaling Jaya where the court is located.

Raja Petra explained his ‘exile’ was the result of the hurt he had caused to the Selangor palace which he is a member, and going by royal convention, he had decided on being exiled from the state.

On hearing this, Rozina asked whether there was a written order from the royalty for Raja Petra’s exile and Chandra replied he did not know.

“This is a punishment he meted out for himself,” said Chandra.

Being a bankrupt, he cannot leave Malaysia

DPP Shahidani Abd Aziz subsequently applied for a warrant of arrest against Raja Petra as well as a show-cause notice for bailor Marina, who was also not present in court today.

Chandra also informed the court he did not know the reason for Marina’s absence.

Rozina eventually agreed to issue the arrest warrant. The judge then fixed May 22 for the hearing of the arrest warrant and the show cause notice.

While Raja Petra and his disappearance had been a mystery, there are speculations that he could have gone overseas. Some of his supporters who were in court today said they had no idea where the blogger is.

DPP Ishak Mohd Yusof, who is assisting Shahidani, said with the arrest warrant against the blogger, the police would be required to locate Raja Petra.

Asked about the possibility that Raja Petra could be overseas, he said it would be imppossible as the blogger is already declared a bankrupt and was not supposed to leave the country.

According to co-counsel Gobind Singh Deo, the last time he had contact with the popular blogger was two months ago, during the prosecution’s appeal against his release from Internal Security Act in the Federal Court.

The court was also told that there would be 10 more prosecution witness in the sedition trial.

Mounting legal problems for RPK

Before the trial was adjourned in February, Gobind had raised the issue of an apparent photograph of Prime Minister Najib Abdul Razak seated at the same table with murdered Mongolian woman Altantuya Shaariibuu during her birthday party in Mandarin Hotel, Singapore.

Raja Petra is facing another charge for criminal defamation in Kuala Lumpur Sessions Court for allegingly implicating Najib’s wife, Rosmah Mansor, and two army officers in the murder of Mongolian national Altantuya Shaariibuu.

The popular blogger’s problem does not end there.

He has been ordered to pay RM1 million by the Kuala Lumpur High Court to Umno treasurer Abdul Azim Mohd Zabidi following a judgment in default entered against him on April 3.

Last year, the Alor Star High Court had also ordered Raja Petra to pay damages over libel claims by a university head.

University Utara Malaysia and its vice-chancellor Nordin Kardi filed a lawsuit against Raja Petra over an item that alleged Nordin had plagiarised an article.

The High Court made the decision after Raja Petra, who published the story in his website, failed to file a defence.

It ordered Raja Petra to pay RM4 million to Nordin and the university.

Raja Petra has argued that the offending item was a letter written to him by a former student representative and that he would not pay the compensation.

Dun Penanti

Keputusan mengenai Dun Penanti akan diketahui Isnin nanti.

The Orang Asli will given way, rightly by the Selangor Government

22 APRIL, 2009


SHAH ALAM: The State Executive Councilors’ Meeting today decided to withdraw the State Government’s appeal to the Federal Court with respect to the Sagong Tasi case involving the acquisition of 38.477 acres of the Temuan tribe’s customary lands at Bukit Tampoi, Dengkil in 1995.

Accordingly, the State Legal Advisor will inform the Federal Court tomorrow of the State Government’s intention to withdraw from the case.

The State has also taken into account the concerns raised in the Court of Appeal judgment in respect of the gazette of Orang Asli land and has formed an Orang Asli Land Taskforce – which will be launched on May 4, 2009 – to address land-related issues.

The Pakatan Rakyat Government in Selangor hopes that the decision will foster a stronger working relationship needed to address all the problems of the Orang Asli who have been marginalized from mainstream development. The State Government believes in protecting the rights of indigenous peoples and will continue to treat the Orang Asli community with the respect they deserve and that should have been accorded to them from the very beginning.



S’gor pulls out from fighting Orang Asli case
Apr 22, 09 3:59pm
The Selangor government has decided not to challenge the landmark court judgment which recognised the right of a group of Orang Asli to their customary land in Bukit Tampoi, Dengkil.
In 2005, the Court of Appeal upheld the Shah Alam High Court’s judgment that Sagong Tasi and six others from the Temuan tribe be compensated under the Land Acquisition Act 1960 for the loss of their 38-acre customary land in Bukit Tampoi.

The court dismissed the appeal by the federal government, the Selangor government, the Malaysian Highway Authority (MHA) and United Engineers Malaysia Berhad (UEM) who argued that native customary and ancestral rights are not equivalent to propriety rights under common law.

Both UEM and MHA have been ordered by the court to pay damages for trespassing on the ancestral land to build a highway to the Kuala Lumpur International Airport.

The two were also ordered to pay exemplary and special damages for the harsh treatment meted out to the Orang Asli when being evicted from their land.

On hearing the judgment, 350 Orang Asli who had gathered outside the Palace of Justice in Putrajaya jumped for joy.

But their jubilation was short-lived as the four appellants have since gone to the Federal Court – the country’s highest court – in the bid to reverse the judgment.

Gov’t wants to protect their rights

But today, the executive council of the Selangor government, one of the four appellants, has decided to pull out from the case.

“Accordingly, the state legal advisor will inform the Federal Court tomorrow of the state government’s intention to withdraw from the case,” said Menteri Besar Khalid Ibrahim.

Khalid said that his state government will set up an Orang Asli Land Taskforce, to be launched on May 4, to address such land-related issues.

“The Pakatan Rakyat government in Selangor hopes that the decision (to withdraw from the case) will foster a stronger working relationship needed to address all the problems of the Orang Asli who have been marginalised from mainstream development.

“The state government believes in protecting the rights of indigenous peoples and will continue to treat the Orang Asli community with the respect they deserve and that should have been accorded to them from the very beginning.”

The federal government has argued that prior to the tribe’s settlement in Bukit Tampoi 210 years ago, the land was already owned by the Selangor sultanate and therefore they could not have held native or customary rights status.

“The decision of the Appeals Court was therefore fundamentally flawed as the status of the land, which was part of the sultanate land, was not properly considered in the judgment,” senior federal counsel Mary Lim told the Federal Court.

Nizar: The Sultan and Me

‘Between the sultan and me’
Hafiz Yatim | Apr 21, 09 2:42pm
In the latest twist to the political saga in Perak,
state ruler Sultan Azlan Shah was accused of not
citing any provisions under the state constitution
when ordering Mohd Nizar Jamaluddin to resign as
menteri besar.


nizar jamaluddin perak mb court trial perak bn takeover zambry 180209 03This was
revealed in an affidavit filed by the ousted
menteri besar with the Kuala Lumpur High Court
registry yesterday.

The Pakatan Rakyat leader gave a detailed
account of what had transpired at the crucial
meeting with the ruler on Feb 4 and 5.

Mohd Nizar also denied and questioned the version
stated by Perak legal advisor Ahmad Kamal
Md Shahid in his affidavit. According to him,
Ahmad Kamal’s version did not constitute the whole truth.

In his affidavit to support the affidavit by
Barisan Nasional’s newly installed menteri besar
Zambry Abdul Kadir, Ahmad Kamal noted that
the ruler had cited the constitution when
ordering the ousted menteri besar to resign.

Mohd Nizar also revealed that during his
15-minute audience with the Sultan on Feb 5,
he had warned the ruler of the possible
consequences he could face in failing to dissolve
the state assembly.

According to the affidavit, Mohd Nizar said
the ordeal began on Feb 4, when he met
the ruler to seek his permission to dissolve
the assembly to end the deadlock following
the sudden disappearance of three assemblypersons
– Mohd Osman Jailu (Changkat Jering),
Jamaluddin Mohd Radzi (Behrang) and
Hee Yit Foong (Jelapang) – who had “resigned”.

However, the sultan told Mohd Nizar that he
would think about the request and recited a
passage from the Quran
Innallaha maa Sobirin
(God is with the person who is patient).

Mohd Nizar said he respected the decision
and during the meeting, he also submitted a
draft for the dissolution of the assembly for
the ruler’s approval.

However, the ousted menteri besar denied
making any suggestion to the ruler that the
assembly had lost confidence in him as the
leader of the executive and for that reason,
he wanted the dissolution of the assembly.

Several reasons cited

dr zambry abdul kadir new perak cm 110209 03
On Feb 13,
Mohd Nizar filed an application for a judicial review,
in challenging Zambry’s appointment and sought
several declarations pertaining to the interpretation
of Article 16 (6) of the Perak Constitution.

In his application, Mohd Nizar claimed to be
the rightful chief executive of the state on
the grounds that there was no dissolution of
the state legislature, no motion of no-confidence
was taken in the House against him and he did not
resign from the post.

He also issued a writ of quo warranto asking Zambry
to show cause by what authority he was occupying
the post of menteri besar.

Mohd Nizar said in his affidavit that the sultan had
informed him on Feb 5 that he was not acceding to
the request to dissolve the assembly.

The ousted menteri besar then requested for another
15-minute audience with the ruler and proceeded to
list out several reasons as to why the assembly
should be dissolved. These include:

malaysian law conference 291007 sultan azlan 21) He was applying for
the dissolution of the assembly based on his power
as the menteri besar.

2) Power should be returned to the people to choose
a lawful government.

3) If the assembly was dissolved, the people would
respect and improve and uplift the image of the royal
institution and they would also be thankful. This will
show that the sultan is just and non-partisan in letting
the people to decide. This was in accordance with the
concept of constitutional monarchy, and the democracy
principles that the state upholds.

4) The sultan should be thankful and accept God’s gift
in allowing him to celebrate his silver jubilee and to return
the peoples’ right to choose their own government.

5) Should the ruler not grant the dissolution, the people
would blame the palace and the sultan himself.

6) Where was BN’s morality in accepting Jamaluddin,
Mohd Osman and Hee, with two of them facing corruption
charges. What if Jamaluddin and Mohd Osman are found
guilty of corruption, what would happen next? If the
charges are withdrawn, the people would feel that it
was based on intervention by the palace or BN.

7) If the assembly is dissolved, the royalty and the palace
would be respected in the eyes of the public and international community. The question of immunity of the rulers as
brought about by (former premier) Dr Mahathir Mohamad
would also be negated.

8) Mohd Nizar cited a passage from Sultan Azlan Shah’s
book titled ‘Constitutional Monarchy, the Rule of Law
and Good Governance
‘ which had been given to him
by the ruler on his appointment as menteri besar. The passage
stated: “Under normal circumstances, it is taken for granted
that the Yang di-Pertuan Agong would not withhold his
consent to a request for the dissolution of the Parliament.
His role is purely formal.”

9) He also reminded the ruler of what happened in
countries like Indonesia, Philippines, Egypt and Iran
which once had a monarchy. However, once the monarchy
reneged and sided with a political party, it resulted in
their downfall.

Refused to resign

Mohd Nizar said he also told the sultan that during his
silver jubilee celebrations, the latter had emphasised
on good governance and pleaded with the ruler to
uphold it by dissolving the assembly.

He also reminded the ruler of the statutory letter signed
by the 31 Pakatan elected assemblypersons in support
of him being menteri besar which was ordered by the palace.

Following this, Mohd Nizar said: “The sultan slowly raised
his face and said he would not order the dissolution and
instead called for my resignation.”

Refusing to do so, the ousted menteri besar then replied:
“Ampun Tuanku, patik pohon sembah derhaka”
(Forgive me your highness, I humbly beg to disagree).

He then kissed the hand of the ruler, who left the room
without uttering a word.

In a related development, the sultan’s private secretary
Colonel Abdul Rahim Mohd Noor had also filed an affidavit
on April 8.

najib pc on bn takeover of perak state with 4 aduns 050209 03
He stated that
while Mohd Nizar informed the sultan of
the resignations of Mohd Osman, Jamaluddin
and Hee, he had received letters from the trio
on the same day, disputing this.

On Feb 4, Abdul Rahim received letters from the three
claiming they had lost their confidence in Mohd Nizar and
indicating that they would leave the party to become
independents but support BN.

At about the same time, he also received a letter signed
by 27 BN elected representatives that they had also lost
their confidence in Mohd Nizar and that BN now commanded
the majority in the House.

The case has been slated for hearing at the Kuala Lumpur
High Court on Thursday.

Kedurjanaan Petugas Pilihan Raya BN di Bukit Gantang

Gambar-gambar di atas oleh Leo, jurukamera blog Wanita KEADILAN

Ahli Parlimen Seputeh, Teresa Kok hari ini mendesak polis dan Menteri Pembangunan Wanita, Keluarga & Masyarakat, Datuk Seri Shahrizat Abdul Jalil memandang serius kes pencabulan ke atas ahli Srikandi Keadilan pada pilihanraya kecil parlimen Bukit Gantang lalu.

Beliau meminta Sharizat yang sebelum ini yang bersuara lantang membela wanita daripada gangguan seksual supaya mengambil kes ini dengan serius dan mendesak pihak polis melakukan sesiatan dan mendakwa mereka yang telribat di mahkamah. Shrizat setakat ini membisu dan tidak memberi sebarang komen setakat ini.

Teresa berjanji akan membawa kes in ke sidang Parlimen dan menuntut supaya Menteri Pembangunan Wanita, Keluarga dan Masyarakat Sharizat Jalil supaya mengabil segera bagi menyelesaikan perkara ini sehingga dibawa ke pengadilan.

Sementara itu, Wanita KeADILan Zuraida Kamaruddin mahu kes ahli Srikandi KeADILan yang telah di ganggu dalam cubaan mencabul dengan gangguan seksual semasa kempen pilihanraya kecil P59 Bukit Gantang pada 6 April lalu diambil tindakan segera oleh pihak polis.

Beliau juga mahukan penjelasan daripada Bernama TV yang telah membuat liputan dan melaporkan bahawa Srikandi KeADILan itu bersifat penggoda dan juga membuat laporan palsu kepada pihak polis.

“Wanita KeADILan mahukan penjelasan dari Bernama dan jika tidak kami tidak akan teragak-agak untuk mengambil tindakan saman terhadap agensi berita berkenaan,” tegas Zuraida semasa sidang akhbar beliau selepas majlis Hi Tea Wanita Pakatan Rakyat semalam.

Dalam sidang akhbar beliau hari ini, Zuraida menekankan bahawa selepas dua minggu insiden itu berlaku namun masih tiada siasatan atau tindakan yang diambil oleh pihak polis.

Ekoran laporan polis oleh wanita KeADILan itu di Balai Polis Simpang, Bukit Gantang pada hari kejadian, seorang ahli Srikandi yang hanya mahu dikenali dengan panggilan ‘Ana’, 20, bahawa pada kira-kira jam 4 petang, beliau dan lima lagi rakan-rakan Srikandi lain sedang berjalan melalui bilik gerakan Barisan Nasional berdekatan kawasan Simpang.

Lalu beliau ditarik dan dikepung oleh sekumpulan lebih sepuluh orang lelaki berumur kira-kira 50 – 60 tahun dan cuba melondehkan seluar yang dipakainya pada waktu itu. Mereka juga mengeluarkan kata-kata lucah dan kesat terhadap beliau dan mempersendakan beliau.

Sebanyak tiga laporan polis telah dibuat oleh pihak Wanita KeADILan, di Balai Polis Simpang dan Balai Polis Changkat Jering dan diberi jaminan bahawa pihak polis akan mengambil tindakan yang sewajarnya namun setelah dua minggu berlalu tidak menampakan sebarang perkembangan yang dibuat oleh pihak polis.

Walaupun pihak Wanita KeADILan telah memberi gambar-gambar penyokong BN yang disyaki terlibat serta menyatakan ada rakaman CCTV daripada sebuah supermarket berhampiran namun tiada sebarang siasatan diambil oleh pihak polis.

“Saya berjumpa dengan seorang anggota polis yang berpangkat inspektor bernama Shahrin dan beliau telah berjanji akan memastikan kes ini dibawa ke pengadilan, maka saya akan pergi ke dua-dua Balai Polis untuk membuat tindakan susulan,” tegas Zuraida lagi.

Dalam kejadian tersebut, Ana telah diselamatkan oleh seorang penceramah bebas Arsian Napi, 50, serta seorang lagi rakan beliau yang kebetulan sedang minum di sebuah gerai berhampiran tempat kejadian yang juga berhadapan dengan bilik gerakan BN Simpang.

Beliau dengan tangkas bergegas ke tempat kejadian kerana mensyaki satu kejadian yang pelik sedang berlaku di situ. Beliau kemudiannya meleraikan kejadian yang menjijikkan dilakukan oleh sekumpulan penyokong BN yang sebaya dengan beliau.

“Saya dan rakan di pukul dan di halau dengan kata-kata kesat serta memaki hamun dangan perkatan yang tidak sedap di dengar,” kata Arsian semasa sidang akhbar tersebut.

Ibubapa Ana merasa amat terkilan dan sedih keatas nasib yang menimpa anak mereka dan mahukan latarbelakang Ana dirahsiakan demi menjaga maruah keluarga dan diri Ana dari difitnah oleh orang-orang yang berniat jahat terhadap beliau.

“Mereka meminta supaya identiti Ana tidak di hebahkan atas alasan keluarga Ana tinggal di kampung dan tidak mahu pihak tertentu mangambil kesempatan keatas musibah yang berlaku,” jelas Zuraida lagi.

Walau bagimanapun pihak Wanita akan pergi ke dua-dua Balai Polis berkenaan dan mendesak supaya pihak polis beertindak dengan segera.

GB: Greenboc
Video Srikandi dicabul