Hate speech under Mahathir's pseudo rule of law

Hindraf leader P Uthayakumar (photo) also censured Mahathir over the “orang asing” remark, saying the prime minister appeared to be giving the green light to others to make similar statements.

Uthayakumar pointed out that despite Mahathir claiming the congress was not racist, Tamil dailies had reported that among the resolutions presented were the closure of vernacular schools and that top government positions be reserved for Malays.

“But the said speaker (who raised this issues) would not be jailed under the Sedition Act as Umno jailed me... nor will Inspector-General of Police Abdul Hamid Bador arrest anyone under Section 504 of the Penal Code and the Malaysian Communication and Multimedia (MCMC) Act for hate speech under Mahathir's pseudo rule of law,” he added in a statement.

HINDRAF 2.0 letter to Tun & IGP

HINDRAF 2.0 letter to Tun & IGP: On Malaysia Day, 2 Malaysian Indians & 1 British P.R. family mere suspects shot dead by police, ‘enforced disappearance’ of the wife.SOS: Stop police “shoot to kill policy” & “enforced disappearance” under Pakatan Harapan's’ New Malaysia, forthwith implement IPCMC, guns & bullets Audit, & Urgent Appointment with IGP. We refer with serious concern the aforesaid reported public interest matters especially so when the paramount public interest as stipulated in Article 5 of the Federal Constitution guarantees the Right to Life, which we believe is not for decoration! From the monitoring of our Police Watch files, we regret to note that yet again in what appears to be the Standard Operating “Repeat Police Storyline” …

HINDRAF 2.0 (Hindu Rights Action Force) 13-3-2(A) , 

Taman Bukit Angkasa, Jalan Pantai Dalam, 

59200, Kuala Lumpur. 

Tel/Fax :03-20115620 / 013-3504711

p.uthayakumar@hotmail.com

Your Ref :
Our Ref : PH/tun&igp/2019

Date: 17/9/2019

Yang Amat Berhormat                                              e-mail: ppm@pmo.gov.my
Tun Dr.Mahathir Mohamad,                                     e-mail: rajmah.jamal@pmo.gov.my
Pejabat Perdana Menteri,                                          Fax : 03-88883973
Putrajaya.
Tan Sri Abdul Hamid Bador,                                    e-mail: kpn@rmp.gov.my
Ibu Pejabat Polis Diraja Malaysia,                            Fax : 03-22733536
Bukit Aman,
50560 Kuala Lumpur.

Y.A.B. Tun / Y.Bhg Tan Sri,
(1) On Malaysia Day, 2 Malaysian Indians & 1 British P.R. family mere suspects shot dead by police, ‘enforced disappearance’ of wife.

(2) SOS: Stop police “shoot to kill policy” & “enforced disappearance” under Pakatan Harapan's’ New Malaysia, forthwith implement IPCMC, guns & bullets Audit, & Urgent Appointment with IGP.

Greetings Tun Dr. Mahathir and congratulations Tan Sri Abdul Hamid Bador.

We refer with serious concern the aforesaid reported public interest matters especially so when the paramount public interest as stipulated in Article 5 of the Federal Constitution guarantees the Right to Life, which we believe is not for decoration!

From the monitoring of our Police Watch files, we regret to note that yet again in what appears to be the Standard Operating “Repeat Police Storyline”, under the cover of Section 15(3) of the Criminal Procedure Code, two(2) innocent until proven guilty merely suspected Malaysian Indians and another British Permanent Resident husband of a Malaysian were mercilessly murdered by the police during the long Malaysia Day holidays.

If at all the Rule of Law dictates that these victims should have been arrested and put to trial in a Court of Law. The Chief Police Officer of Selangor’s Official Police “repeat storyline” is far from convincing if not insulting the intelligence of the Malaysian public especially so in refusing to disclose the whereabouts @ what appears to be the “enforced disappearance” of the fourth victim, also the wife of the shot dead foreign tourist, who has been in the country for just over two(2) weeks, visiting a sick relative, last visited Malaysia six(6) years ago and merely left home to have dinner in a peaceful country! … vis a vis the trauma and misery the 17-year-old orphaned son, his younger siblings and their families are going through.

We hereby once again humbly call upon Tun and IGP to forthwith end what may be perceived to be the “police shoot to kill policy” now under Pakatan Harapan's’ New Malaysia, implement the IPCMC, Audit PDRM’s guns and bullets and urgently reveal the whereabouts of the “enforced disappearance” victim for we thought we would no longer see the likes of Pastor Koh and Amri ever again!
To this effect may we seek an Urgent Appointment with the Inspector General of Police with the view to formally present our public interest input also on other police matters @ 21st Century standards expected in Malaysia Baru.

Thank you.

Yours faithfully.
P.Uthayakumar
De Facto Leader Hindraf 2.0
 (013-3504711)

'The only time someone won against a sitting PM'

 

Former Kota Alam Shah assemblyperson and lawyer M Manoharan remembers well a decision made two years ago by a three-member bench of the Court of Appeal.

This was the bench, headed by Justice Mohd Hishamudin Mohd Yunus, that ruled he and Hindraf leader P Uthayakumar had legal standing to file a suit against the present prime minister and his deputy.

This decision by the appellate court, delivered in January 2013, is said to have halted Justice Hishamudin’s elevation as a Federal Court judge by the Prime Minister’s Office in September that same year.

This followed widespread talk that Prime Minister Najib Abdul Razak wanted another person elevated, not Justice Hishamudin, despite the Judicial Appointments Commission's (JAC) recommendation that Justice Hishamudin be elevated to the Federal Court.

JAC is the body formed under the law in 2009 to oversee the appointment of judges of the High Court, Court of Appeal and the Federal Court.

Manoharan, who contacted Malaysiakini following the publication of yesterday’s article on Justice Hishamudin (right) being overlooked again for elevation, said the Court of Appeal decision in his case was a landmark of sorts as this was a first small victory against a sitting PM and sitting deputy prime minister.

“If I remember correctly, no suit or legal action filed against a sitting PM or DPM in Malaysia has ever been successful. The decision by the Court of Appeal led by Justice Hishamudin was one rare occasion,” Manoharan said.

“In deciding that we have legal standing to file the suit, the Court of Appeal ordered the case to be referred to the High Court and to be heard on its merits,” the lawyer added.

Besides this, Manoharan said, the Court of Appeal also awarded RM2,000 as costs.

Najib and Muhyiddin Yassin were named in the suit in their personal capacities as PM and DPM. Muhyiddin is also the education minister.

The suit was filed by Manoharan and Uthayakumar against the PM and DPM over the government’s alleged neglect of 523 Tamil primary schools nationwide, where they wanted the Tamil schools to be fully aided, as provided for under the Federal Constitution.

Justice Hishamudin sat with recently retired judge Justice Mohamad Ariff Md Yusof and Justice Abdul Aziz Abdul Rahim in the unanimous decision.

Initially senior federal counsel Effandi Nazila Abdullah had managed to have the suit struck out, based on the issue of locus standi

A Chief Judge Malaysia never had

Manoharan agreed that Justice Hishamudin is truly Chief Justice material or at the very least, the Chief Judge of the Court of Appeal.

It is unfortunate, he said, that the government does not recognise or had halted the promotion of judges who only upheld the law and the constitution.

“Justice Hishamudin is well-versed in all matters. He is an all-rounder be it in criminal, habeas corpus, civil, trade and even land laws. I had the pleasure of appearing before him two weeks ago, in a land matter, and he is very well-versed in it.

“In that case against Najib and Muhyiddin, he gave a full day hearing in allowing parties to submit. After making a decision, he wrote a full judgment on it.

“Initially, the government (PM and DPM) wanted to appeal the decision at the Federal Court but due to the strength of Justice Hishamudin’s judgment they withdrew the appeal,” he said.

Unfortunately, Manoharan said the suit did not go on as planned as Uthayakumar (left), who was the second plaintiff, faced a prison sentence as a result of a sedition charge.

The lawyer noted that most of Justice Hishamudin’s judgments had been upheld by the superior courts.

Manoharan said he acted in the case of another Internal Security Act detainee, Badrul Zaman PS Mohamad, before Justice Hishamudin in the High Court, where the court awarded RM3.3 million for unlawful detention.

“Although the government was partly successful in its appeal to reduce the quantum of damages in that case to RM300,000, Justice Hishamudin’s judgment remains intact,” he said.

“I believe a lot of other decisions that Justice Hishamudin made have been upheld by the superior courts, for he gave sound judgments and reasoning.”

Hindraf members in fear of sedition dragnet

Hindraf members now fear coming under the sedition dragnet, after the Home Ministry took a copy of a book which contains writings by its leader P Uthayakumar.

The book titled Torture in Malaysian Prisons: Who You Didn’t Know and Need to Know to Act is a compilation of letters, memoranda and commentaries written by Uthayakumar about prison living conditions.

Hindraf supporter M Varatharajoo, who had compiled the contents, said an officer from the Home Ministry’s Publications Control and Quranic Text Division had first asked for copies of the book from the typesetter.

The typesetter cum printer then gave Varatharajoo’s number as he did not have any copies of the book left.

Varatharajoo said the officer, named Zulkepli Mat Hashim, had called him and they subsequently met at his office on Wednesday (Feb 18).

“But I told him I only have three copies, so I could only give him one,” he told Malaysiakini today.

He further pointed out that 500 copies of the book had been sent out, including to Prime Minister Najib Abdul Razak, Deputy Prime Minister Muhyiddin Yassin, all ministries and MPs, as well as relevant non-governmental organisations and media organisations, in October last year.

Book 'will not be returned'

“They (the Home Ministry) must have one copy of the book. Otherwise, how did they know the typesetter’s address?” he said.

Varatharajoo added that the officer however claimed that he did not have a copy and when asked, said he will not be returning the copy.

The officer also did not give a reason as to why he had taken the book.

Varatharajoo said that the book was not seditious and that they were simply pushing for better living conditions for prisoners.

“Although an inmate might be a murderer or a gangster, he is still a human being. The government should take care of their welfare,” he said.

Stressing that all Malaysians should know what was happening in the country’s jails, he also proposed that a group of retired judges and human rights groups pay a visit to prisons every six months before coming up with a report and submitting it to Parliament.

The Home Ministry’s Publications Control and Quranic Text Division is in charge of banning books it deemed unsuitable.

Although Varatharajoo cited concerns about sedition, the book might likely be banned, instead.

Uthayakumar who was sentenced to 30 months in prison for sedition, had recounted various “horrors” he experienced in prison during the two years in prison.

In an interview with Malaysiakini after his release, he had claimed that five inmates were forced to share one toothbrush.

He also said the same dipper which they used to eat out of, functions as the container used to wash their wounds and soak their underwear.

Court accused of victimising disabled man

Hindraf leader says that despite posting bail, a court registrar refuses to release the man accused of throwing a slipper at a cop.

FMT

PETALING JAYA: Hindraf has expressed its disappointment at the courts for refusing to release a disabled man, M Krishnan, accused of throwing a slipper at a cop, despite bail of RM1,500 having been posted this morning by Hindraf for him.

Speaking to FMT, Hindraf’s de-facto leader P Uthayakumar said, “We received numerous complaints from our supporters that this man is being victimised.”

Uthaya explained that Hindraf had used its funds to pay Krishnan’s bail, only to learn later from court registrar Roslan Mohd Noor of the Selangor Courts, that Krishnan would only be released next Wednesday.

“He’s completely at a disadvantaged position as he’s alone and handicapped, going against the might of the entire police force,” Uthaya said, adding that a five-day delay was unconstitutional.

“The minute I pay the bail money, you should release the person. An hour is fair, and at worst they should release him after Friday prayers, but not next Wednesday. That’s not right,” lamented Uthaya.

Uthaya who’s mobility is limited due to a fractured leg, also said that he managed to get in touch with the office of Administrative Judge Tasnim Abu Bakar regarding the matter.

Back in October 2014, a man similar in appearance to Krishnan was photographed holding a slipper against the picture of Prime Minister Najib Abdul Razak during a protest, and Uthaya does not rule out the possibility of a vendetta by the authorities.

Uthaya, who doesn’t deny the possibility of Krishnan also being involved in the October incident, said, “Video of that incident outside Parliament went viral in Malaysia and got widespread attention.

“They couldn’t charge the person then, but now they are picking on Krishnan for this slipper incident. I feel he’s being victimised.

Uthaya’s main concern however, he stressed, was that Krishnan was disabled and an extended stay in prison would be harmful to him.

“In my 25 years of service in law, I haven’t seen anything like this. Justice administration is regressing in Malaysia,” lamented Uthaya.

Krishnan was charged at the Selayang magistrate’s court on February 11, for allegedly flinging a slipper at a policeman on February 3 at the Mariamman Temple in Batu Caves, Selayang.

Krishnan however has maintained his innocence.

Umno gov't killed Hindraf, says Uthayakumar

 

INTERVIEW Hindu Rights Action Force (Hindraf) founder P Uthayakumar has finally accepted defeat at the hands of the Umno government.

The Umno government has, Uthayakumar said, “very successfully used its manpower, money power and media power to tear Hindraf into pieces”.

“I have failed. To me, they succeeded and I failed. You are fighting a giant. For us it is a non-starter.

“The root cause is that the Umno government forms the majority. Even though there are eight to 10 percent Indians in the country, there is not a single parliamentary seat with an Indian majority. It was very easy to crush us,” Uthayakumar explained.

Although he had served much time in prison under the defunct Internal Security Act and more recently under the Sedition Act for speaking out for the Indian community, he had been, he said, outed by the political strategy of the Umno government.

The Hindraf leader was sentenced to 30 months’ jail by the High Court in Kuala Lumpur on June 5, 2013, after accusing Putrajaya of genocide against ethnic Indians.

The Court of Appeal on Sept 17 upheld Uthayakumar’s sentence but commuted the punishment from 30 months to 24 months. He was released on Oct 3.

Uthayakumar, a lawyer, is famed for having galvanised the Hindraf movement.

“Nobody had, in the previous 50 years, did what we did (gathering 100,000 Indians in the streets of Kuala Lumpur in 2007).

“I don’t know if it was luck, divine intervention or 50 years of oppressed feelings that it (the rally) burst out like that.

“Put aside the Malays and Chinese, the Indian elites - the educated Indians and the Indian businessmen - they never supported us.

“We never had support, except during the height of the Hindraf rally. After my release from prison in 2008, the support declined and there was no second line,” Uthayakumar said.

He said he felt very much alone, although there were a handful of others, who were willing to die for the cause of bettering the plight of Indians.

“The Indian elites, no one wanted to join us, even the brains. Number one - they looked at it like an uphill battle - how many people wanted to go to jail for a cause? And it was made worse that we do not have even one Indian majority parliamentary seat,” he added.

Five Hindraf leaders

The creation of five Hindraf leaders after the riot was the best strategy by the authorities to break up Hindraf.

“Before the rally, the truth was that Hindraf was just one man show - me, helped by two or three others.  We just kept moving on and on.

“When Hindraf took off with the rally - for some reason I just cannot explain - it gained momentum and it just exploded. And the next thing I knew was that everybody was a Hindraf leader.

“One of the smartest moves by the government was to create five Hindraf leaders. Until Nov 25, 2007, no one was appointed to Hindraf by me.

“It was a political strategy (on the government’s part). For if they put me (in prison alone) under the Internal Security Act upon my release later, I would probably be more powerful than S Samy Vellu (former MIC president).

“So, ab initio, they put four others in with me, to dilute me. The first time I heard there were five Hindraf leaders was when the inspector-general of police announced it.

“Before that, there was no such thing. At a time when we had only one, we had no problem. (When there were five), there were bound to be differences and when it comes to activism. they had only been active for three months before that.

“They only came in as speakers (for the rally) - they were not qualified to be detained under ISA - they were also caught off guard.

“Now, seven years down the road, when I go down to the ground, they say it was because of the five Hindraf leaders that Hindraf broke up. So, people are still talking of the five - actually there were no five.

"So, what becomes the truth, becomes the untruth and what is the truth, becomes the untruth. The Umno government could do it,” said Uthayakumar, who is looking to start a new chapter in his life by concentrating on his family for now.

---

Interview by Zakiah Koya, Alyaa Azhar and Ahmad Fadli KC.

Uthayakumar dibenar mula prosiding hina mahkamah

Azman mengesahkan perintah yang dikeluarkannya pada 9 September tahun lepas memerintahkan Uthayakumar ditempatkan bersama-sama tahanan politik

FMT

KUALA LUMPUR: Mahkamah Tinggi hari ini memberi kebenaran kepada peguam P. Uthayakumar memulakan prosiding menghina mahkamah terhadap Pengarah Penjara Kajang kerana gagal mematuhi perintah mahkamah mengasingkannya daripada banduan tegar.

Lapor Bernama, Hakim Datuk Mohd Azman Husin menetapkan 13 Januari bagi Abdul Wahab Abdul Kassim hadir di hadapan beliau dan menjelaskan kenapa dia tidak boleh dikenakan tindakan menghina mahkamah.

Bagaimanapun, beliau menolak permohonan serupa terhadap dua lagi inspektor penjara, menghadapi tindakan sama.

Azman mengesahkan perintah yang dikeluarkannya pada 9 September tahun lepas, antara lain, memerintahkan Uthayakumar ditempatkan bersama-sama tahanan politik lain dan bukannya banduan tegar.

Uthayakumar telah mengadu dia dipaksa berkongsi sel bersama-sama lima lagi banduan yang disabitkan atas kes merompak dan merogol.

Azman juga memerintahkan Uthayakumar dirujuk kepada pakar Pusat Perubatan Universiti Kebangsaan Malaysia untuk merawat “collapsed disc.”

Pada 2007, Uthayakumar, 52, pengasas pergerakan Hindu Rights Action Force (Hindraf) dan bekas tahanan Akta Keselamatan Dalam Negeri (ISA) didakwa menerbitkan satu surat berbaur hasutan di laman web Police Watch.

Dia melakukan kesalahan itu di Jalan Toman 7, Kemayan Square, Seremban, pada 15 November 2007.

Peguam itu didapati bersalah dan dijatuhi hukuman penjara dua tahun dan enam bulan oleh Mahkamah Sesyen pada 5 Jun 2013.

Mahkamah Tinggi mengekalkan hukuman itu tetapi Mahkamah Rayuan mengurangkan tempoh penjara daripada 30 kepada 24 bulan.

Beliau selesai menjalani tempoh tahanannya pada 3 Oktober lepas.

Uthayakumar diwakili peguam M. Manoharan dan M. Manogaran, manakala responden diwakili Timbalan Pendakwa Raya Azlina Rasdi

'Suhakam, probe Uthaya's prison horror stories'

 

Proham has urged the Human Rights Commission (Suhakam) to investigate detention conditions in prisons following former detainee P Uthayakumar's revelations of  his experiences in Kajang Prison.

"Proham recognises that the Suhakam Act empowers the Human Rights Commission not only to visit detention centres but also undertake public inquiries.

"We therefore urge Suhakam to undertake a comprehensive review so as to ensure the treatment of prisoners and prison conditions are in accordance with basic United Nations standards," Proham chairperson Kuthubul Zaman Bukhari said in a statement today.

Kuthubul also called on the home minister and the director-general of prisons to engage with Suhakam for a review of current standard operating procedures (SOP) on treatment of prisoners and conditions in Malaysian prisons

Kuthubul reminded that with its recent acceptance as a UN Security Council member, Malaysia should adhere to the basic principles for the treatment of prisoners as adopted by the UN general assembly.

In a series of interviews with Malaysiakini this week, the Hindraf leader related his ordeal during his two years in Kajang Prison, after being convicted for sedition.

Prisoners have rights too

Meanwhile, Kuthubul urged for implementation of the basic principles for the treatment of prisoners which were adopted and proclaimed by the UN General Assembly resolution 45/111 in 1990.

The resolution states that all prisoners must be treated with respect as human beings and should not be discriminated on any grounds.

“Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights.

“All prisoners shall have the right to take part in cultural activities and education aimed at the full development of the human personality,” Kuthubul said.

He also pointed out that there should be efforts to address the abolition of solitary confinement as a punishment.

“(Also), prisoners shall have access to health services available in the country without discrimination on the grounds of their legal situation.

“Favourable conditions shall be created for the reintegration of the ex-prisoner into society under the best possible conditions,” he added.

Uthayakumar: Let me be the last jailed for sedition

5 inmates share a toothbrush - Uthaya reveals his experience in prison

Uthayakumar: Waytha did the right thing by resigning

In prison, one dipper for all, says Uthaya

 

INTERVIEW During his imprisonment, P Uthayakumar’s wife S Indra Devi had repeatedly raised the issue of her husband being in unhygienic conditions.

Uthayakumar, who was sentenced to an initial 30 months under the Sedition Act in 2013, said that he had highlighted it because it was not his case alone - it happened to everyone.

Relating his experience with the ‘multipurpose dipper’ in Kajang prison, Uthayakumar said prisoners use the same dipper to wash their wounds and soak their underwear in.

The dipper refers to the “gayong” used to fill water to wash oneself with after using the toilet.

“When there is a shortage of food trays, wardens dump food into the dipper, from which inmates will eat from with their bare hands, even those with scabs on their hands.

Uthayakumar said once, he even saw a prisoner vomit in the dipper.

As for the food, Uthayakumar said the menu is tasteless. He calls his prison term diet as complete detoxification of the human body.

“It is the first time I heard of sup air (water soup). If there is oil traces on any of the food, it is considered to be such a treat. There is almost no oil, which explains why most inmates have very dry skin,” said Uthayakumar.

He said one can either accept the food or go hungry for the rest of the day.

‘In the dark room, Malaysiakini saved me”

Due to his often “smuggled” and written complaints, he was placed in the ‘dark room’ thrice.

 

“I will tell you how to smuggle only when you are inside,” said Uthayakumar when asked how he did it. 

Once, they put him in solitary confinement for repeatedly missing the roll call.

“I had to sleep on the cement floor, with the longest experience for 14 days. I was in solitary confinement with no pillow, no blanket and no toiletries. There is a small window which opens up to the corridor and when they off the light, it is pitch black. The door is of hard steel.

“Despite being a hardened activist, I felt helpless that I could not even save myself.

“I kept myself busy by having a routine in the dark room. I would walk in circles, at times a thousand circles. Then I would go to the small tap and wash myself. Then the food comes. Then I walk circles again in the cell. Once it went on for five days.”

However, on the sixth day, an officer pulled him outside the cell and told him that they had read his complaints which were published in Malaysiakini.

“At that moment I was thinking, if not for Malaysiakini it was during my worst times in prison, I was hitting rock-bottom…that in a way, Malaysiakini was my saviour.”

Uthayakumar has initiated contempt proceedings against those who were allegedly responsible for his conditions of imprisonment.

Yesterday: Utahaya recounts horrors of a Malaysian prison

Next week, Uthayakumar talks of Hindraf failure, his brother and Pakatan Rakyat leaders.

Uthaya speaks

Uthaya recounts horrors of a Malaysian prison

 

INTERVIEW P Uthayakumar showed what is an end of a much worn toothbrush on his index finger and demonstrated how to brush his teeth. It was brown, soiled, and the bristles were almost gone.

“This is shared by almost five of the prisoners in a cell - usually there are more. When I asked the wardens, they said it is because there is no budget for toothbrushes,” said Uthayakumar, who is bent on telling all about his imprisonment in Kajang prison.

Uthayakumar was sentenced to prison for sedition, but little was he prepared for what was to come.

He had served time under the now defunct Internal Security Act and thought it might be similar.

Now, after surviving his term in Kajang prison, he said it is something he would not even wish upon his worst enemy.


While in prison itself, Uthayakumar had written many complaints of his prison conditions in smuggled letters through his wife and lawyers.

The Hindraf leader was sentenced to 30 months’ jail by the Kuala Lumpur High Court on June 5, 2013, after accusing Putrajaya of genocide against ethnic Indians.

The Court of Appeal on Sept 17 upheld Uthayakumar’s sentence but commuted the punishment from 30 months to 24 months. He was released last Oct 3.

Uthayakumar, a lawyer famed for having galvanised the Hindraf movement which brought tens of thousands of Indian Malaysians to a rally in 2007 demanding for their rights, said it was all he could do to keep his sanity while in prison.

He said the one thing that he did not leave behind when he entered prison was his activism - the only difference being that he spoke up for all races in prison, not only for Indian Malaysians, as he was wont to do outside.

“In prison, all are treated equally - equally badly. There’s really 1Malaysia in prison. There is equality for all.

“In prison, it doesn’t matter, you get equal treatment and you get the same food,” said the activist in an interview with Malaysiakini.

He admitted that this is contrary to deaths in police custody as well as deaths by police shooting, in which he had all the while claimed victims were mostly Indian Malaysians.

He explained that even during roll calls, which was several times a day and called ‘muster’, everybody got punished equally.

“There are no special privileges for anybody. And the natural reaction is that we are all in it together.”

‘Doctor checks from six feet away’

Uthayakumar said much is needed to better the conditions of the Kajang prison for men, especially when it came to medical care.

“What I feared most while in prison was that I would fall ill.”

His eyes glistened with tears when he spoke about the predicament of a fellow inmate.

‘The inmate had hepatitis C but the prison wardens said there was nothing wrong with him. One night, I saw him sitting on his bed, with a helpless look on his face.

“The next morning, he died, and I saw a prison officer erasing his name from the white board.

“I told the prisoner next to me, with that erasing, all the records of him having died in prison, are gone,’ he said.

Uthayakumar said for every ailment, the medication is the ‘KK’ pills - plain paracetamol.

“And the doctor checks you from six feet away, without touching you,” said Uthayakumar, who said he was usually appointed the spokesperson by his fellow inmates to speak to the wardens.

He said he had to be very careful and be at his utmost politeness while choosing the least strict of the wardens to ask for sickly fellow inmates to be given medical care.

He said his fellow inmates, before he left, lamented that in his absence, no one would speak up for them now.

Uthayakumar, however, said that he survived being sardine-packed in cells by keeping a journal, which at times was checked upon. They even took away his pencils and then he was moved on from one block to another.

Despite the ordeal, he said other prisoners had it worse.

He claimed that prisoners were persecuted on a daily basis and no one could answer the wardens, who struck fear with their violence and shouts.

He said inmates were treated like “mere slaves”; being beaten up, shouted at and ill-treated.

Despite that, the inmates stuck together for fear of the wardens.

He related how he witnessed inmates of different races helping each other - a Malay helping out a Chinese, or even of a Malay inmate cleaning up a paralysed Indian inmate every time the latter answered the call of nature, to the extent of using his fingers to ease the bowels of the latter.

Uthayakumar tells Indians to turn to Pakatan

Having finally regained his freedom after 485 days behind bars for sedition, many are expecting Hindraf leader P Uthayakumar to breathe fresh air into the lethargic movement for marginalised Indians.

But anyone harbouring such hopes may be disappointed.

The veteran activist, who in 2007 were among key leaders to mobilise some 30,000 to protest discrimination against Indian Malaysians, has told his community to now set its sight on Pakatan Rakyat.

Having contested as an independent for the Kota Raja parliamentary constituency as part of Hindraf's plan to increase Indian Malaysian representation in GE13 and lost, Uthayakumar acknowledged their strategy was a failure.

"We accept the people's verdict. Like it or not, the overwhelming majority of Indians voted for Pakatan and it is a democratic decision we have to accept," he told Malaysiakini.

After going to jail exactly a month after GE13 for accusing Putrajaya of ethnic cleansing, Uthayakumar said he has given much thought about how the plight of the Indian poor could move forward.

"Every night I thought about it until I had a mental block. There is no other solution besides Pakatan.

"There is no other option. BN is a forgone conclusion," he said, adding that even fellow inmates were angry when his brother P Waythamoorthy (left) attempted to ally the Indian Malaysian movement with BN.

He added the majority of Indian Malaysians had voted for Pakatan and therefore, it is only appropriate that they turn to its top three leaders, namely Anwar Ibrahim, Abdul Hadi Awang and Lim Kit Siang.

Uthaya goes to Washington

However, Uthayakumar who said he read extensively about the US civil rights movement during his incarceration, stressed it is the non-Indian leaders in Pakatan who must take up the cause of the Indian poor.

As for himself, Uthayakumar said he will withdraw from the public spotlight for now.

"I will spend a few years in Washington DC to do research and lecture," he said, but added he is still unclear when he will depart.

Asked if this would be the end of Hindraf, Uthayakumar insisted that the movement will never disappear.

However, Uthayakumar said Hindraf's plan had failed during the last general election and he did not want to give any "false hope" this time.

"Now that I have been released, many people are thinking that I can perform magic or that they have some kind of hope. I cannot do that.

"For now, I will watch, see and learn. Put it this way: Sometimes, when we talk to our children, they don't want to listen. So we have to let them go to learn it the hard way. It is their democratic decision.

"If they succeed, I will the the happiest person as I also want to retire. I am feeling tired and exhausted," he said.

'Prison a symbol of Indian marginalisation'

Uthayakumar's move to take a breather may seem like he has been tamed by the cold hard walls of Kajang prison which he admitted was a "nightmare".

But he stressed that his incarceration reinforced his commitment to fight for the plight of the Indian poor.

"When I was released yesterday, the next in line (to be released) was a 39-year-old. His name was Rajagopal. He had gone to prison 29 times; that is how chronic the Indian problem is.

"His father is a Kuala Lumpur City Hall sewerage worker, his mother a sweeper and he has never received any education as the family had many siblings to feed," he said.

He added that Indians made up almost a third of the total number of prison inmates despite only comprising eight percent of the country's population. Uthayakumar is of the opinion that poverty drives them to commit crime.

Despite the seriousness of the problem, Uthayakumar lamented that Pakatan, which was helped by Indian Malaysians' discontent when it first came into power, had not taken concrete steps to address the issues faced by the Indian poor in states where it ruled.

Having called on Indian Malaysians to turn to the people who they voted for, Uthayakumar only had this to say to Pakatan leaders: "Do not sidestep the Indian poor issues, they are very critical, so please don't sidestep them".

However, he said Hindraf itself will not be taking any sides.

Asked if he will return to Malaysia after his sabbatical to pick up Hindraf's torch again if things do not improve, Uthayakumar merely replied: "I'll take it as it comes."

Uthayakumar: I won’t join any political party

(The Star) – Hindraf founder P. Uthayakumar (pic) walked out from Kajang prison after being held for a year and a half, promising that he will not join any political party.

“I walked into the prison with this orange shirt,” he said, pointing to his trademark Hindraf shirt.

“And I left the prison with this orange shirt. I will not change it to dark blue, light blue or any other colour,” he said, making a reference to Barisan Nasional and PKR colours.

Uthayakumar was driven out of the prison compound at about 9.40am yesterday and was welcomed by his wife S. Inderadevi and a group of supporters and family members, who had waited from 7am.

Uthayakumar, who was jailed for sedition, said he had no regrets.

“The only day I cried in prison was when my mother passed away a week after the prison authorities refused my application to visit her in hospital,” he said.

His lawyers – former Kota Alam Shah assemblyman M. Manoharan and former Teluk Intan MP M. Manogaran – said they would continue with their efforts to have the Sedition Act abolished.

“This is our priority at the moment,” said Mano­haran.

Uthayakumar, a former Internal Security Act detainee, was charged on Dec 11, 2007 with publishing a seditious letter on the Police Watch Malaysia website, dated Nov 15, 2007, addressed to then-prime minister of Britain Gordon Brown.

During the defence stage of his trial, Uthayakumar refused to submit his defence, claiming it was in protest over how Indians in Malaysia were being treated.

However, he later appealed to the High Court against the conviction.

On Feb 18, the Kuala Lumpur High Court dismissed Uthayakumar’s appeal to quash his conviction but reduced his 30-month jail sentence by six months.

Hindraf founder wants to teach and study in the US

Having failed in his political struggle, Hindu Rights Action Force (Hindraf) founder P. Uthayakumar who was freed from Kajang prison yesterday after serving a two-year jail term for sedition, is set to leave for Washington in the United States to "teach and do some research".

"My family and I will be there for a couple of years. I want to do some research and teaching," he told The Malaysian Insider in a telephone interview.

He declined to divulge details.

Uthayakumar, who claimed that he is still Hindraf's de facto leader, expressed hope the government, Pakatan Rakyat and the private sector would halt all racially discriminatory policies and practices, especially against the Indian poor.

"I must confess that I failed to convince the Indians on Hindraf's projected 15/38 as the only way forward in marginal seats in last year's general election," he said.

Under this plan, Indians who made up between 10% and 30% of voters, could decide the winners in 15 parliamentary and 38 state seats in the west coast of the peninsula.

"I accept the people's verdict when they voted overwhelmingly for Pakatan candidates," said Uthayakumar who contested the Kota Rajah parliamentary seat and Seri Andalas state seat, and lost both.

The Human Rights Party Malaysia of which Uthayakumar was its pro-tem secretary-general, fielded candidates in some of the seats but all lost badly.

He has now urged Indians to take their problems directly to key Pakatan leaders like Datuk Seri Anwar Ibrahim, Lim Guan Eng and Datuk Seri Abdul Hadi Awang, instead of going through intermediaries.

He said Indians did not progress much in the economic and social development of the country despite voting en-bloc for the BN prior to the 2018 election.

The son of railway employee, Uthayakumar said that he has been fighting for the rights of Indians over the last 16 years. He had no regrets having been detained under the now repealed Internal Security Act in 2007 and sent to prison after being found guilty of sedition.

"I was only interested in the welfare of the Indians. The Orang Asli in the peninsula and Bumiputera community in Sabah and Sarawak have a social safety net as provided in the Federal Constituton and other written laws.

"There are non-governmental organisations, prominent lawyers like Datuk Dr Cyrus Das and Datuk Ambiga Sreenevasan who championed the right of natives and indigenious people. It was only Hindraf who repeateadly higlighted the plights of the Indians," he said.

He also declined to discuss his relationship with younger brother Waytha Moorthy who is now Hindraf chairman.

"Hindraf is heavily tainted after it associated itself with the Barisan Nasional just before the general election last year.

"We only met during our mother's funeral and memorial service, and no contact beyond that," he said of his brother Waytha Moorthy.

Waytha, who was made senator and deputy minister in Datuk Seri Najib Razak's administraton, resigned from public office in February, citing that the prime minister had betrayed the Indians by not fulfilling the promises made in the memorandum of understanding signed prior to the 13th general election.

Waytha said Najib did not have the will and courage to meet the demands made in the memorandum.

Uthayakumar said while he would have used Hindraf to champion the cause of Indians, the present leadership is also highlighting the plight of non-Malays and the rights of the people of Sabah and Sarawak.

"The Indians are much worse off than any other community. The Chinese are economically well off. The 56 Sabah and Sarawak BN and opposition MPs can voice the frustration of the two states. Who do we have to give an effective voice to the marginalised Indians," he said.

While refusing to directly acknowledge Hindraf's strategy of being inclusive, he said there may be many ways of skinning a cat.

"I am glad that for the past 15 years, Hindraf has been voicing out issues that affects the Indians. Initially we were not heard but later got noticed," he added.

The Sessions Court in Kuala Lumpur on June 5 last year convicted Uthayakumar for publishing remarks on the Police Watch website through a letter to then British prime minister Gordon Brown.

The then deputy public prosecutor Noorin Badaruddin had said t‎he words used by Uthayakumar in the letter, such as "mini genocide" and "ethnic cleansing", gave the impression that grave crimes and racial oppression were committed by the government against the Indians here.

On September 17, the Court of Appeal upheld the Uthayakumar's sedition conviction, but reduced his jail sentence from 30 months to 24 .

Hindraf rose to prominence in 2007 when about 30,000 people gathered in a rally held in Kuala Lumpur over alleged discriminatory policies.

At least 240 people were detained, but half of them were later released. Soon after, Uthayakumar and four others were detained under the ISA and were only freed after Najib became prime minister in April 2009. – October 4, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/hindraf-founder-wants-to-teach-and-study-in-the-us#sthash.n4siszCW.dpuf

Proud to be married to champion of Indians, says Uthaya's wife

Waytha’s prayers for Uthaya

“Our paths may have differed, and may still differ to an extent, but we are equally committed to ending the marginalisation of the minorities and ending entrenched racial policies.”

KUALA LUMPUR: Hindraf Makkal Sakthi chairman P. Waythamoorthy, in openly conceding for the first time a parting of ways in the past with his elder brother P. Uthayakumar, has reiterated that the latter should not have been charged under the Sedition Act and incarcerated for speaking the truth.

“The letter he wrote to then British Prime Minister Gordon Brown was a statement of truth and we in Hindraf maintain this fact,” said Waytha who was briefly a Deputy Minister in the Prime Minister’s Department and Senator after the 13th General Elections in May last year.

“We have always held that the Government should initiate an independent inquiry into the truth of Uthaya’s allegations on the plight of the marginalised and the underclass.”

Waytha was welcoming the release of Uthaya from prison after a long stretch.

Waytha pointed out that Uthaya’s jailing under the Sedition Act after having been released from detention under the draconian Internal Security Act (ISA) was double punishment for him.

“It was mean, vicious and vindictive of the government,” said Waytha. “It was to silence him, thwart his struggle for the marginalised and underclass and prevent him from developing the Human Rights Party Malaysia (HRPM) as an alternative voice in politics.”

The younger brother remains convinced that the jail sentence will not prevent his elder brother from speaking up on behalf of the voiceless, the poor and marginalised. He has always shown courage and determination in championing the plight of the underclass, he added.

“Our paths may have differed, and may still differ to an extent, but we are equally committed to ending the marginalisation of the minorities and ending the entrenched racial policies that have caused so much misery in the lives of so many,” cried Waytha.

Uthaya can now take time to rest and spend quality time with family and true friends.

P. Uthayakumar began his political career with the Parti Keadilan Rakyat (PKR) which despite its call for reformasi went on to distance itself from him and label him a “racist”.

He then formed Parti Reformasi Insan Malaysia, the forerunner of HRPM.

He also formed an NGO, Police Watch to keep a watch on extra judicial killings of youths, many Indians, and deaths in police custody.

Uthayakumar dibebasakan selepas di penjara 485 hari