Feature Article

Malaysia: People's verdict and Government's defiance

[TamilNet, Sunday, 30 March 2008, 19:43 GMT]
Malaysian government’s refusal to free M.Manoharan, who was elected to Selangor State Assembly in the last elections but still kept in custody under the Internal Security Act, is condemned by the opposition Democratic Action Party (DAP), reported AFP on Sunday. "It shows that Prime Minister Abdulla Ahmed Badawi's administration has not really heard the voice of the people in the March 8 political tsunami to change towards a more democratic and accountable Malaysian society. The ISA detentions are used as political instruments to suppress dissent. It has no relationship whatsoever with national security," said DAP leader Lim Kit Siang to AFP.

P. Uthayakumar
Uthayakumar Ponnusamy, 46, a Human Rights lawyer and one of the founders of HINDRAF along with his brother P. Waytha Moorthy in early 2006. The lawyers of HINDRAF are known as "poor men's lawyers." [Photo courtesy: Makkal Osai]
M. Manoharan
Manoharan Malayalam, 46, a lawyer for 15-years and a member of the Democratic Action Party (DAP), who won the state seat for Kota Alam Shah in Selangor in March 2008. [Photo courtesy: Makkal Osai]
V. S. Ganapathi Rao
V. S. Ganapathi Rao, advisor to the DAP's Sri Muda branch in Shah Alam. [Photo courtesy: Makkal Osai]
Five leaders of the Hindu Rights Action Force (Hindraf), including Manoharan were arrested in last December under Internal Security Act and three of them were charged for allegedly making speeches inciting hatred. All of them were detained for two years by an order signed by Mr. Badawi, who was also the then Internal security Minister.

The leaders were the main organizers of an unprecedented massive rally of around 10,000 people of Indian origin against discrimination in Malaysia in November last year.

The draconian Internal Security Act of Malaysia provides for detaining any individual for up to 60 days without a warrant, trial and without access to legal council. After 60 days the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.

Besides the five leaders, 31 Indians were charged with attempted murder, in connection with the head injury of a policeman during the banned demonstration. “This is the first time in the history of Malaysia that an unlawful assembly has been charged with attempted murder”, said their defence lawyer, reported by Indian Express, last December.

The public opinion of the Indian community, shaped by the grievances of discrimination and the awakening coupled with the demonstration, had a big impact in the March elections. For the first time since 1969 the ruling Barisan Nasional coalition has lost its two third majority in the Parliament and lost the governance of five states to the opposition. The mood of the Indian community was already reflective in the poor attendance to the Thai Poosam festival at Batu Caves in January, heeding to the call of Hindraf.

Being in detention Manoharan contested the elections on a DAP ticket, and had an impressive victory in Selangor, defeating the sitting candidate.

"Branding some one a terrorist is not the prerogative of some individuals sitting in power. The verdict of the concerned people is supreme. Laws, constitutions and all human institutions without exception are made and unmade by people in need. Mr Badawi should learn to respect the mandate of the people and release all leaders of Hindraf", said a political activist of Malaysia to TamilNet.

In the meantime, Mr Samy Vellu, the leader of the Malaysian Indian Congress, a component of the ruling front which suffered the worst in the last elections, said on Sunday that he would seek the release of the Hindraf leaders with the prime Minister, according to AFP and Malaysiakini reports. He was throughout justifying the detention.

Indians constitute about nine percent of Malaysia’s population of which the large majority are Tamils.

T. Vasanthakumar
T. Vasanthakumar,
organising secretary of HINDRAF, a former bank officer turned full-time activist. [Photo courtesy: Makkal Osai]
R. Kengatharan
R. Kengadharan,
lawyer. [Photo courtesy: Makkal Osai]


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