Waytha’s UK legal suit to ‘clear’ ambiguity

Hindraf Makkal Sakhti's legal bid in UK is expected to reveal whether Article 153 of the Federal Consitution has been 'misused and abused'.

GEORGE TOWN: Hindraf Makkal Sakti’s impending US$4 trillion legal suit against the British government is expected to finally provide a ‘clear and unambiguous’ representation of Article 153 of the Federal Constitution.

Article 153 governs the special status of majority ethnic Malays and provides constitutional features to safeguard the interests, rights and benefits of minorities.

Speaking to FMT recently DAP assemblyman M Manoharan said the legal suit would disclose the correct information and real happenings that took place during the pre-independence talks on Article 153 and drafting of the Federal Constitution.

“We will have a clearer picture on majority special privileges, minority rights and on the so-called majority-minority social contract in the country.

“It will reveal whether the constitution has been misused and abused,” Manoharan said.

The Kota Alam Shah assemblyman called on Malaysians, especially all ethnic Indians, to back Hindraf’s US$4 trillion class action suit against the British government.

Notwithstanding as to whether it was successful or not, Manoharan argued that the suit would surely benefit all ethnic minorities in the country and not just Indians.

He claimed Malaysian Indians were the most discriminated and marginalised lot compared to other communities across the world.

“The suit would address many historical issues pertaining to Indian plight in the country.
“I am sure ethnic Indians and other minorities in Malaysia will see the light at the end of the tunnel,” said Manoharan.

No representation

Manoharan’s statement follows London-based Hindraf supremo Waytha Moorthy’s decision to re-file the British suit.

He originally filed the class action suit on Aug 31, 2007 in conjunction with the 50th anniversary of Malaysia’s independence.

His US$4 trillion suit was filed in the London courts.

The suit was to demand compensation for Malaysian Indians whose ancestors were brought in by the colonial government as indentured labour.

However, the suit was stalled following the Malaysian government’s clampdown on Hindraf and arrest of several lawyers, including Manoharan and the movement’s legal adviser and Waytha Moorthy’s brother Uthayakumar.

They were arrested and detained under the draconian Internal Security Act (ISA).

The UK suit claimed that, after granting independence to Malaya, the British had left the Indians without representation and at the mercy of the Malay extremism practiced by Umno government.

Recently University Malaya Law lecturer Associate Professor Dr Azmi Sharom hailed the suit as an “incredible legal effort” that would push ethnic Malaysian Indian community issues to the forefront of international and domestic limelight.

He said he was personally moved by the enthusiasm shown by Waytha Moorthy to file the suit against the former colonial master.

In the past months Waytha Moorthy and his mini team of researchers have been  working overtime to obtain and study thousands of relevant documents in England’s archives.

The movement’s legal counsel in London, Imran Khan will lead a two-man delegation to Malaysia next week for a fact-finding mission to obtain first hand information on perceived injustices meted out on ethnic Indians.

Hindraf is organising a public forum on this at Hokkien Hall in Klang on Sunday Aug 14.

Manoharan said that Hindraf had been consistent and persistent in pursuing the suit to correct the wrongs done to the community by the British.

Sidelined and isolated 

He recalled that ethnic Indians were brought into the country mostly as indentured labourers by the colonial master.

He said that ethnic Indians have worked hard in many sectors, especially in rubber plantations for centuries to boost the country’s socio-economic status.

During the colonial period, he said Indians were also a dominant workforce in the civil service.

He noted that Indians have played a major role in building up the country since Francis Light stepped onto Penang shores in 1786.

He said ethnic Indians have owned and developed land and properties to make this country as their own.
He noted that despite this the Umno government was still treating ethnic Indians as immigrants and squatters after 54 years of independence.

“Working class ethnic Indians have been sidelined and isolated from mainstream development.
“We in Hindraf want to rectify the injustices done to Indians

“Like in 2007, all Indians should support this struggle,” said Manoharan, the former Selangor DAP chairman.