Students to take on Najib in GE-13

Saudi imam rapes, tortures 5-yr-old daughter because he 'doubted her virginity'

Muslim "holy man" rapes, tortures, murders own daughter.

A popular Saudi Arabian television preacher was found guilty of murdering his own 5-year-old daughter because he doubted her virginity, as reported by The Daily Mail (of London, England) on Feb. 4, 2013.

Although found guilty of murder, Sheikh Fayhan al-Ghamdi was released after being fined $50,000 (£31,000) as "blood money" under Islamic Sharia'a Law for the death of his child.

Ghamdi had been incarcerated since last November and the presiding judge ruled the handful of months was sufficient time behind bars.

Little Lama al-Ghamdi died this past October after suffering multiple and horrendous injuries at the hands of her father.

In line with Sharia'a Law, a father cannot be executed for the slaying of either his wife or any of his children.

The $50,000 blood money presented to the girl's mother is half the amount if the murdered child were a boy.

According to press reports, Lama suffered the following injuries:

• A broken back.
• Raped multiple times.
• A crushed skull.
• Numerous burns throughout her body.
• A broken left arm.
• Multiple broken ribs.

Man duped with love words for one-day marriage

Mohammed Ibrahim

A divorced Saudi woman seeking to return to her husband picked her mobile phone and dialed a number. When a man answered, she decided he was the right person.

Islamic scholars had told the woman and her ex-husband that she must marry another man before she is permitted to return to him.

The woman’s snare did work. Four months after he knew her, that man agreed to marry her after he was flooded with love words.

On the next day of their marriage, Mohammed Ibrahim woke up in the morning apparently expecting to hear more love words. But his guess was totally wrong.

“Instead, she asked me to divorce her after I paid her SR75,000 dowry for the marriage,” he told the Saudi MBC television.

“I then discovered that she used me as a bridge to return to her first husband….she then went to court and divorced me…when I asked her to give me my money back, she swore before a sheikh (Islamic scholar) that I did not pay her any dowry.”

Cops nab ex-ISA detainee, two others under new security law

KUALA LUMPUR, Feb 7 — Police today detained a former Internal Security Act (ISA) detainee and two others for allegedly committing an unspecified "security offence", this time using the newly-enacted Security Offences (Special Measures) Act, which allows a 28-day detention without trial for the purpose of investigation.

Inspector-General of Police (IGP) Secretariat (Public Relations) Bukit Aman assistant head Asst Comm Ramli Mohamed Yoosuf confirmed with The Malaysian Insider that two men and a woman were arrested and detained for questioning earlier this afternoon.

"We suspect a possible link to terrorism activities. They will be investigated under the Penal Code," he said when contacted here.

ACP Ramli however said police were yet to determine with section of the Penal Code would the trio be investigated under, only adding that going by procedure, they had to be detained under the new ISA replacement Act.

Confirming the arrest in a statement here, Suara Rakyat Malaysia (SUARAM) condemned the authorities for scrapping the 1960 ISA last year but replacing it with another law that it claims still infringes on an individual's right to fair trial and immediate legal representation.

According to the rights group, Yazid Sufaat was picked up with Mohd Hilmi Hasim from the Jalan Duta High Court cafeteria by a group of policemen from Bukit Aman led by one investigating officer Insp Mani at around 12.30pm this afternoon.

Quoting Mani, SUARAM said both men were detained under section 4 (1) of the Act, which states that "a police officer may, without warrant, arrest and detain any person whom he has reason to believe to be involved in security offences".

Yazid, the group said, was formerly detained under the now-repealed ISA in December 2001, was released in December 2008 and currently operates the High Court cafeteria.

"Upon arrest, the police brought Yazid and his worker to the former's residence in Taman Bukit Aman for a search.

"Based on information from lawyer Fadiah Nadwa Fikri, who is at Yazid's home, even up to 4pm, the police were still conducting the search," the statement said.

SUARAM added that the police had informed the men's lawyer that they would be held for two days under section 5 (2) of the same Act.

The section allows the police to delay an individual's right to contact a lawyer for not more than 48 hours if he or she has reasonable grounds to believe that this would interfere with evidence connected to the offence; that it would harm another individual; that it would alert other offenders yet to be arrested; or that it would hinder the recovery of property obtained as a result of the said offence.

Section 4(5) fo the Act also states that, "a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation."

"SUARAM condemns the police for arresting individuals using laws that ignore human rights.

"The right to be represented fairly in court is one that is exclusive to every Malaysian citizen. this right is also protected under the Federal Constitution and the Criminal Procedure Code, which compels the police to bring an accused to court within 24 hours after detention for the sake of seeking legal aid," the group said in the statement.

SUARAM also reminded the government that despite its decision to repeal the British-enacted ISA, which allowed for detention without trial, it had not led to the release of the 23 detainees held previously under the law.

"And today, the government has allowed this Security Offences (Special Measures) Act to continue victimising the people.

"This shows that even after the repeal of the ISA, Malaysians are still living under the threat of draconian laws," it said.

SUARAM urged the police to stop all future and current detentions and investigation under the new law, which it said should be immediately repealed.

The Security Offences (Special Measures) Bill was tabled in Parliament on April 10 last year and passed in June, officially replacing the ISA and removing the government's option to detain without trial.

Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the home minister.

But the new Act states in section 12 that "all security offences shall be tried by the High Court".

Breakthrough in Scorpene probe

Suaram says a key negotiator has agreed to testify.

PETALING JAYA: The French probe into Malaysia’s purchase of two Scorpene submarines has taken a leap forward with a key witness agreeing to assist the investigators, according to the human rights organisation Suaram.

Suaram secretariat member Cynthia Gabriel told FMT that the witness, whom she described as “the key negotiator” in the purchase, offered his co-operation after receiving a second subpoena notice last month.

Suaram filed a complaint with the French authorities in 2009, saying it suspected that corruption was involved in the deal.

Gabriel said the witness was “in a very important position” to shed light on what transpired during negotiations for the purchase.

However, she added, the French had yet to fix a date for him to testify.

Last November, Suaram’s lawyer, Apoline Cagnat, said the French judges investigating the case would subpoena seven witnesses, namely Prime Minister Najib Tun Razak, Defence Minister Ahmad Zahid Hamidi, Najib confidante Abdul Razak Baginda, private investigator P Balasubramaniam, Bousted Holdings managing director Lodin Wok Kamaruddin, Mongolian national Setev Shaariibuu and Jasbir Singh Chahl, who is said to be Abdul Razak’s right-hand man.

Shaariibuu is the father of Altantuya, the slain mistress of Abdul Razak. News reports have alleged that she served as a translator in the negotiations.

Gabriel said today that the French had pared down the list to three witnesses, including Najib and Abdul Razak.

The Tribunal de Grand Instance in Paris began its inquiry in April last year over Suaram’s claim that French naval firm DCNS had paid some RM452 million as a bribe to Malaysian officials to obtain a contract for the two submarines.

The purchase was made when Najib was defence minister and the case is linked to Altantuya’s murder.

Gabriel also said Suaram recently proposed that businessman Deepak Jaikishan be considered as witness.

Deepak has been in the media limelight since December, when he began making a series of public statements linking Najib’s family to the Altantuya murder.

Gabriel also said the French judges were in the midst of receiving records of the trial of the two policemen found guilty of the murder.

‘MIC leader used derogatory words against me’

A former banker claims Sabai state assemblyman M Davendran made a very bad sexual remark about her.

PETALING JAYA: A former banker today urged the police to act against Sabai state assemblyman M Davendran who she claims used derogatory words against her.

Viji Lynda Cross, 32, who lodged a police report on the matter on Feb 4, at the Karak police station, also claimed Davendran, who is also Pahang MIC chief, was not fit to be a state assemblyman because his conduct does not befit the position.

Speaking to FMT, Lynda said she was appalled with the way Davendran treated people who went to him for assistance.

“He is really arrogant and ruthless to almost everyone who visits his office,” she said.

Relating her experience, Lynda said she and her mother in-law visited Davendran’s office on Feb 4 to seek information on the 1Malaysia people’s housing project (PR1MA).

“First, we went to the district land office to get information about PR1MA. But, we were referred to the Sabai assemblyman.”

“I am so disappointed. As a state assemblyman, his explanation on PR1MA project was really bad. While we were leaving the office, Davendran started scolding my mother-in-law for not attending a function organised by him last year,” she added.

According to Lynda, Davendran organised a function last year where he gave away sewing machines to Indian women.

“My mother in-law was supposed to have received a machine but was unable to attend the event after her husband was warded in a hospital the same day,” said Lynda.

Lynda said she tried to calm Devandran after realising that the state assemblyman was losing his temper.

“I told him we would get the sewing machine from another MIC leader. He did not like what I said and made a very bad sexual remark about me. He told me I could get the sewing machine or sleep with any other MIC leader to get the machine and that was my problem,” she said.

“I felt embarrassed with the words he used against me,” she added.

Lynda said she had also sent a text message to Pahang Menteri Besar Adnan Yaakob, Bentong MP Liow Tiong Lai and MIC president G Palanivel informing them of the incident.

Ex-IGP a liar, says Hindraf

P Waythamoorthy calls on Musa Hassan to be a gentleman and admit that he spread lies about Hindraf.

GEORGE TOWN: Hindraf chairman P Waythamoorthy has accused former inspector-general of police Musa Hassan of being a liar.

He was responding to Musa’s denial that he had said Hindraf was involved with Sri Lankan Tamil freedom movement, the Liberation Tigers of Tamil Eelam (LTTE).

Waythamoorthy called on Musa to be a gentleman and admit that he made the unfounded accusation against the organisation.

He recalled that Musa had openly accused Hindraf of having LTTE links at least twice, one after the group’s Nov 25, 2007 mammoth demonstration and another in a court document.

“He falsely accused us of having LTTE links. The news was splashed across the media. Now he is unashamedly denying it.

“Musa is a lying again to cover up his earlier lie,” he told FMT.

Yesterday, Musa denied he had said that Hindraf was involved with LTTE in 2007. “I did not say Hindraf was involved with LTTE. I said the police were investigating if there was a link,” he had said.

Waythamoothy recalled that in the aftermath of Hindraf-led mammoth rally at KLCC and before the ISA swoop on several activists, including the movement’s legal advisor P Uthayakumar, on Dec 13, 2007, Musa accused the movement of having links with LTTE.

“Musa’s unjustifiable allegation formed the basis for the ISA detention,” said the Hindraf supremo.

He said subsequently Musa repeated the accusation in his affidavit-in-reply during a civil suit against the former IGP filed by Uthayakumar for unlawful detention under the now repealed ISA.

Waythamoorthy recalled that Musa had also publicly said that the police were hunting him down after the Hindraf leader left the country in 2007 to live in London.

“Musa should be gentleman enough to admit that he spread falsehood on Hindraf. His denial now proves that he is a liar,” he said.

Produce new evidence, Karpal tells Deepak

The lawyer-politician says that the carpet businessman must provide his evidence to the authorities so that the police can reopen the Altatntuya's murder case.

PETALING JAYA: New evidence must be produced to help the police reopen investigation on the murder of Mongolian translator Altantuya Shaariibuu, said DAP chairman Karpal Singh.

“Carpet dealer Deepak Jaikishan must come forward with the evidence. Tell us what you have,” said the lawyer-politician.

Yesterday, former Inspector-General of Police Musa Hassan said that the police must reopen Altantuya’s case if there is new evidence found pertaining to the murder.

In December, Deepak alleged that the prime minister’s wife, Rosmah Mansor had sought his help in getting private investigator P Balasubramaniam to retract his first statutory declaration which implicated the premier’s family in Altantuya’s death.

The businessman also claimed that the prime minister’s brother, Nazim Razak, had helped him to seal a deal with Balasubramaniam.

Deepak is slated to approach the Attorney-General Chambers, to request protection under Whistleblower Act 2010 and Witness Protection Act 2009 before making further expose.

On providing legal protection to Deepak, Karpal said,”Protection must be given to him, especially since this is a high profile case.”

On related matter, PKR vice president N Surendran said that the police should reopen the investigation as there are two men sentenced to death for Altantuya’s murder.

“There is no statute of limitation for murder cases. We must prevent a miscarriage of justice by looking at the new evidence,” he said.

In 2009, two police officers, Corporal Sirul Azhar Umar and Chief Inspector Azilah Hadri were sentenced to death by the High Court for murdering Altantuya.

They have since filed an appeal against the verdict. Trial date is yet to be fixed.

More ‘ang pow’ for the Chinese community

Prime Minister Najib Tun Razak says he hopes the Chinese community will continue to support the BN government.

KUALA LUMPUR: Prime Minister Najib Tun Razak said he was looking forward to seeing how much more the government could help support the Chinese community as there was much more work to do this year.

He said the Barisan National government recognised the importance of having open channels with the Chinese community to better understand their needs.

“Through my Ah Jib Gor alone, we sifted through many suggestions which have formed part of the basis of Budget 2013.

“One area of real importance is education where we have allocated RM100 million to national-type Chinese schools – money which will help refurbish school buildings and buy new school equipment,” he said in the message posted on his blog site.

Through the National Education Blueprint, he said the government was also aiming to increase the number of Chinese language teachers in order to meet student demand.

“And the top students of Chinese secondary schools have been given scholarship to ensure the most diligent minds can continue to serve our society once they have graduated,” he said.

Thus, Najib said it was his hope that the Chinese community would continue to support the government towards this goal.

As Chinese New Year is just around the corner and Malaysia has begun easing into the festive mood, Najib said he was also looking forward to having some Yee Sang, a truly marvellous dish.

“Yee Sang is one such traditional dish which is symbolic of good luck, prosperity and health. To me, this also serves as a reminder of how important the Chinese community is to Malaysia.

“My father, the late Tun Abdul Razak, was very clear on his stance towards the Chinese community, who have helped in the development of our country in many ways since we achieved independence – and I share his vision,” he said.

Najib said he could not imagine a Malaysia lacking the Chinese culture that was so tightly interwoven into the society.

“I think it’s fair to say this enthusiasm has passed on to another generation now that my son Ashman speaks fluent Mandarin,” he said.

In the spirit of 1Malaysia, Najib wished all Chinese Malaysians Gong Xi Fa Cai and a Happy Chinese New Year.

Bernama

PKR: Liow out to sabotage second post-mortem

PKR has lambasted Health Minister Liow Tiong Lai, claiming it is trying to sabotage the second post-mortem on C Sugumar, who was allegedly beaten to death by police late last month.

In a statement today, PKR vice-president N Surendran said that University Malaya Medical Centre (UMMC) has refused to carry out the post-mortem without written instruction from the police.
Earlier, the police have said they have no objection to the second autopsy, however, refused to give written instruction to the hospital.

“Liow (left), as a representative of the cabinet and government, is putting further obstacles to the second autopsy by insisting that the approval must come from the police.

“This is shocking, disappointing and blatant sabotage of attempts to get the second autopsy done,” Surendran said.

According to the English daily The Star, Liow said the ministry could only act as facilitator and has no power to approve the post-mortem.
Refuting Liow’s statement, Surendran (right) said that the Health Ministry has the authority to instruct government-owned hospitals to do the post-mortem.   

“There is no legal requirement that there must be a police instruction (given) to the hospital before a second autopsy can be done. Why is the hospital (UMMC) insisting on it?” he queried.
“This prevents us from making the necessary arrangements for Porntip to come to Malaysia and carry out the second autopsy.”

Although the ministry agreed yesterday to assist in bringing Thai prominent pathologist Dr Porntip Rajanasunand to conduct the autopsy, Surendran still had doubts following this new development.

As such, he urged the prime minister and the ministry to remove any obstacles which would prevent the autopsy from being carried out by Porntip.
Police: Family can choose hospital, not pathologist
Meanwhile, the police issued a statement later today shedding light on the procedures to have a second autopsy.

It said that according to the Attorney-General’s Chambers, the family of the deceased have to submit their application for a second autopsy to the High Court and bear all its cost.

The family can select the government hospital where the autopsy will be carried out, but not the pathologist.

“The investigating officer have to ensure that the descendant of the deceased signs a indemnity letter that the government will not be responsible towards any liability that may occur as a result of the second autopsy,” the statement added.

Berjasa: Third force for Malay voters?

By Mohsin Abdullah,

BERJASA, the party which rose from the "ashes" of the 1977 Kelantan Emergency before finding itself eclipsed after the 1990 polls, is set to resurface and contest the next general election. Sources say an official announcement will be made "very soon" – possibly on Friday.
The party, which has been "quiet" for a long time, had first expressed its intention to take part in GE13 last March when talk was rife that polling would be held then. But their "announcement" last year did not get much attention in the media.

But this time, it is said Malay/Muslim-based Berjasa is "ready to offer itself as the third force" and could provide the platform for individuals who want to take the plunge into the political arena but do not have a party for backing.

The party has always portrayed itself as "a cross between Umno's nationalism stance and PAS' Islamic belief". Perhaps that would "appeal" to the likes of former PAS leaders Datuk Hasan Ali and Nasharudin Mat Isa – don't forget that Berjasa is a PAS breakaway. Or would former Umno man and current Perkasa president Datuk Ibrahim Ali be interested?

It is not known how many members the party has at present or its reach nationwide. Hence, on its own it is not expected to cause a huge impact on the political landscape of the country. But it could be a different scenario should the party form a pact with other political entities.

Berjasa will eye Malay/Muslim constituencies. That's a given so to speak. Its entry into the political arena will see a further split in Malay votes.

Berjasa or Barisan Jemaah Islamiah Se-Malaysia was formed in 1977 following a political crisis in Kelantan, which led to a declaration of emergency in the state. And it played a big role in toppling the then Kelantan PAS state government.

Since Merdeka Kelantan has always been ruled by PAS. And when the party joined the BN in 1973 it was agreed that Kelantan remain a PAS stronghold, with Umno having a "share" in the PAS dominated government. Thus the Kelantan Menteri Besar then was the late Datuk Mohammad Nasir from PAS. The party then was led by Datuk Asri Muda.

Soon after, PAS-Umno rivalry intensified in Kelantan. Menteri Besar Datuk Mohammad Nasir, despite being a PAS man, was seen to be "siding" with Umno and frequently defied party instructions.

Irritated, annoyed and angry even, PAS demanded his resignation. Mohammad Nasir refused and was later sacked from PAS but he remained menteri besar.

A "no confidence" motion against the MB was tabled in the state assembly and carried by the 20 PAS assembly members. The 13 representatives from Umno and one from MCA walked out in protest.

Mohammad Nasir's response was to call for the dissolution of the state assembly. A legal impasse ensued. Followers of Mohammad Nasir held demonstrations in the streets of Kota Baru, expressing their support for him. Violence and looting were reported. The federal government headed by Prime Minister Tun Hussein Onn rushed an emergency bill in parliament which was passed. A state of emergency was declared and curfew imposed in the Kelantan state capital, Kota Baru. PAS was thrown out of the BN.

Three months later, the federal government called for a snap election in Kelantan. Held on March 11, 1978, the election saw the participation of PAS, Umno and a third party formed earlier by Mohammad Nasir. It was named Berjasa.

PAS won only two seats in the 36 seat state assembly. Umno won 23 and Berjasa 11. That meant Umno had succeeded in capturing Kelantan from PAS and won the right to rule the state. That feat was made possible by Berjasa splitting the votes.

Berjasa subsequently joined the BN but did not make much headway in the coalition. Soon, support for the party diminished in subsequent elections. In the 1990 election, Berjasa was part of the Angkatan Perpaduan Ummah, an opposition pact of Malay/Muslim political parties formed by Tengku Razaleigh Hamzah, who was then president of Umno breakaway party Semangat 46.

The pact, together with another opposition front formed by Tengku Razaleigh known as Gagasan Rakyat for non-Malay/Muslim parties failed to topple the Tun Dr Mahathir Mohamad-led BN.

Angkatan Perpaduan Ummah was dissolved when Tengku Razaleigh disbanded Semangat 46 and returned to Umno.

Since then Berjasa's participation in the political fray has been minimal. With the present intention of contesting GE13, is Berjasa ready to be resurrected now? More importantly, what role will it play? What's the game plan?

We Have Crazy Fools Dictating Our Students Listen Listen Listen

Emergency powers of the monarch

The Star 
Reflecting On The Law by SHAD SALEEM FARUQI

A caretaker government’s advice on emergency proclamation is not binding on the Yang di-Pertuan Agong.

THIS column had on Jan 10 noted that the last date for the Dewan Rakyat’s dissolution is April 27; a general election must be held on or before June 26; and the next Parliament must be summoned on or before Aug 25.

This is presuming and praying that no emergency under Article 150 intervenes to suspend the general election or postpone the summoning of Parliament.

In response to the Jan 10 article, some readers have raised enthralling questions of constitutional politics.

First, can the Yang di-Pertuan Agong act on his own initiative to proclaim an emergency even if the Prime Minister does not so advise?

Second, if a PM, who fears defeat at the general election, improperly advises the King to declare an emergency and to postpone the elections, is the monarch bound by this advice or is it constitutionally permissible for him to refuse his premier’s counsel?

Third, is the King’s exercise or non-exercise of emergency power subject to challenge in the courts?

Subjective language: Article 150 states that “If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect”.

A literal interpretation of Article 150(1) appears to indicate that the proclamation of an emergency is within the sole discretion of the Yang di-Pertuan Agong and is within the subjective powers of the monarch under Article 40(2).

Article 40(2) states that the Yang di-Pertuan Agong may act in his discretion in the performance of three enumerated functions, namely appointment of the PM, dissolution of Parliament and convening of the Conference of Rulers, plus “in any other case mentioned in this Constitution”.

The subjectively worded powers of His Majesty under Article 150(1) appear to fall nicely within the category of “any other case mentioned in this Constitution”.

This interpretation is supported by some scholars like Hickling. It also gained credibility due to two historical events.

In the case of Madhavan Nair, then Prime Minister Tunku Abdul Rahman submitted in court that “I personally presented the said Ordinance to His Majesty… for his consideration and approval. Having considered the said Ordinance and after being satisfied … His Majesty approved the promulgation of the said Ordinance”.

In 1983, the then prime minister, Tun Dr Mahathir Mohamad, pushed through Parliament the Constitution (Amendment) Act 1983 which amended Article 150(1) to read: “If the Prime Minister is satisfied that a grave emergency exists … he shall advise the Yang di-Pertuan Agong accordingly and the Yang di-Pertuan Agong shall then issue a Proc­lamation…”

The 1983 amendment elicited strong opposition from the Confe­rence of Rulers and was consequently repealed in 1984. But its story firmly planted the seeds of belief that in times of emergency, the Yang di-Pertuan Agong may act on his own without reference to the Cabinet. Otherwise, why was this amendment necessary?

The ground-breaking case of Public Prosecutor v Mohd Amin Mohd Razali (2000) lends partial credence to this view.

According to the High Court, if during the dissolution of Parliament there is no Cabinet in existence to advise the Monarch, then the King is empowered to issue a Proclamation of Emergency on his own.

Even if a caretaker government is in place, the caretaker government’s advice on national emergencies is not binding on the Yang di-Pertuan Agong.

King acts on advice: However, there is a long line of academic and judicial opinion that despite the subjective language of Article 150(1), the declaration of emergency by the monarch is a non-discretionary power to be exercised on advice.

This was also the opinion of the Reid Commission.

In Madhavan Nair v Government (1975), Justice Chang Min Tat opined that emergency rule does not displace the King’s position as the constitutional monarch, bound by the Constitution to act at all times on the advice of the Cabinet.

Reference may also be made to similar opinions in Teh Cheng Poh (1979), Stephen Kalong Ningkan v Tun Abang Haji Openg (No. 2) (1967); Balakrishnan v KP Perkhidmatan Awam (1981); Merdeka University (1982); Stephen Kalong Ningkan v Government (1968); Abdul Ghani Ali @ Ahmad (2001); and Karam Singh (1969).

In the light of the above cases, it is submitted that the proclamation of emergency by the King is not free of the constitutional requirement to act in accordance with the advice of the Prime Minister.

Article 150(1) that bestows emergency power must be read along with Article 40(1) and 40(1A) that impose a duty to act on advice.

Even under the Amin Razali ruling, if Parliament is sitting and the Cabinet is in existence, the Yang di-Pertuan Agong exercises his emergency powers on advice.

Judicial review: But what if the ruling party abuses emergency powers to subvert the Constitution, to overthrow unfriendly state governments and to postpone elections?

In India, the federal government has repeatedly abused emergency powers to remove elected state governments and to impose federal rule. Statistics indicate that state governments, often controlled by opposition coalitions, were federalised 103 times between 1950 and 1995!

The Supreme Court of India, therefore, intervened in S R Bommai’s case (1994) to hold that the validity of a proclamation can be judicially reviewed to determine whether it was issued on relevant material and whether it was in bad faith.

Malaysian jurisprudence is, however, generally in favour of judicial non-intervention on the issue of proclamation of an emergency: Stephen Kalong Ningkan (1968) and PP v Ooi Kee Saik (1970). A constitutional amendment in 1981 barring all judicial review of emergency powers under a new clause 150(8) seems to put the issue beyond all doubt.

However, there remain seeds here and there in the Kalong Ningkan cases that mala fide (bad faith) may be a ground for judicial scrutiny of emergency powers.

It remains to be seen whether these subdued voices will one day become mainstream.

Till then, it can be summed up that a government with a majority in parliament (but not a caretaker government) has the right to give binding advice to the King relating to the exceptional powers under Article 150.

However, if the government abuses its emergency powers for wrongful purposes, three possibilities come to mind. First, a sagacious monarch may delay, caution and warn. Second, he may refuse to issue the proclamation and his refusal cannot be reviewed by the courts because of Article 150(8) which cuts both ways. Third, there is some possibility of scrutiny by the courts of issues of mala fide – remote though this possibility is on existing jurisprudence.

>Shad Saleem Faruqi is Emeritus Professor of Law at UiTM. He wishes all Chinese brethren a Happy Chinese New Year.

Attention To Be Given To Reducing Teachers' Workload - Najib

PUTRAJAYA, Feb 7 (Bernama) -- One of the transformation efforts to be given attention in implementing the National Education Development Blueprint (2013-2025) is finding a suitable formula to reduce the workload of teachers.

Prime Minister Datuk Seri Najib Tun Razak said this was among the matters that had been discussed with Deputy Prime Minister and Education Minister Tan Sri Muhyiddin Yassin in implementing the blueprint.

"This change will be effected to lessen teachers' tasks that are not related to their prime responsibility as educators," he said when speaking at Sekolah Sultan Alam Shah's Golden Jubilee celebration, here, Thursday.

Also present were Najib's wife Datin Seri Rosmah Mansor, Deputy Education Minister Dr Mohd Puad Zarkashi and Education director-general Tan Sri Abdul Ghafar Mahmud.

At the function, Najib also announced a special allocation of RM1 million for the school.

He said the achievements and success of a school depended very much on the teachers, therefore, their needs should be given priority as a motivation for them in serving the nation as educators.

The prime minister said the effort was also in line with the government's desire to produce quality human capital who are able to think critically and creatively.

"We need to understand that competition in the 21st century requires us to come out with more outstanding ideas as countries with better ideas would emerge tops in the world.

"So, it is hoped that every school including Sekolah Sultan Alam Shah can produce such individuals who are able to compete at the global stage," he said.

DAP: Selangor addresses used to register phantom voters

Suit: Money funneled by former ‘Ground Zero’ mosque imam to finance lavish lifestyle

Imam Feisel Abdul Rauf pocketed money for trips, real estate and a fancy car, the suit charges

Mary Altaffer/AP

Imam Feisel Abdul Rauf, founder and CEO of the American Society for Muslim Advancement, is being accused of swiping donation money intended for the “Ground Zero” mosque to enjoy a lavish lifestyle with his wife and his mistress.

The ex-“Ground Zero” imam, his pockets stuffed with donations given to Islamic nonprofits, splurged on a high-flying lifestyle that included expensive trips with a New Jersey gal pal, a stunning new lawsuit charges.
The married Feisal Abdul Rauf fleeced the Malaysian government for $3 million and a Westchester County couple for $167,000, according to a lawsuit filed by the couple, businessman Robert Deak and his wife Moshira Soliman.
The money was given to help Rauf’s two nonprofits, the Cordoba Initiative and the American Society for Muslim Advancement, which work to combat anti-Islamic sentiment.

Bryan Smith for New York Daily News

The project was controversial from the outset because of the cultural center’s proximity to Ground Zero, where thousands died as a result of Islamic extremism.

Instead, the controversial imam used some of the cash to provide lavish gifts and getaways to a woman identified as Evelyn Adorno, who shared “a personal relationship with Rauf,” said Deak’s attorney, Jonathan Nelson.
Adorno lives in North Bergen, N.J. — the same town as the 64-year-old imam and his wife, Daisy Khan.
The rest of the cash was spent on a luxury sports car, personal real estate and entertainment for the imam and his wife, charges the 11-page lawsuit.
The religious leader’s largesse and expensive travel with Adorno, 57, came despite the $50,138 annual salary he reported in Cordoba’s 2010 tax filing.
RELATED: GONZALEZ: IT'S A CASE WITH NO REAL WINNERS 
Khan — listed as a Cordoba director and ASMA’s executive director and co-founder — said Tuesday she did not know about the lawsuit or any charges.
“I haven’t gone on any vacations with my husband,” she told the Daily News. “I really know nothing about this.”

David Handschuh/New York Daily News

The proposed mosque building at 51 Park Place in Manhattan may not come to be thanks to money being swindled from donations made to build the place of worship.

But Nelson specified the trips were with Adorno.
Rauf, who became a polarizing figure in the national debate over the mosque near the World Trade Center site, was ousted as the religious leader of the planned Muslim community center in January 2011.
The imam was at odds with Sharif El-Gamal, the developer of the project at 51 Park Place. His departure came one month after Deak claims that he discovered Rauf was misusing the donations.
The Islamic center, named Park51, opened its doors in September 2011. El-Gamal did not return a Tuesday call for comment on his former colleague.
At the North Bergen apartment where Adorno lives, an irate woman in a bathrobe slammed the door on a reporter. “I’m not going to comment as to whether I’m Evelyn or not,” she snapped.
But one resident said Adorno was a well-known figure in the building. “How could you not know Evelyn? She’s a trip,” said the neighbor, declining to give her name.
Paul Knight, the lawyer for Khan, dismissed the charges and said the imam will prove his innocence.

Photo by Craig Warga/New York Daily News

A timeline of Rauf's stunning rise and fall throughout the process of trying to open the mosque.

“The allegations are meritless and we will mount a vigorous defense against this lawsuit,” said Knight.
And Julia Jitkoff, who helped launch Cordoba in 2004 but later resigned from its board, told The News she saw no sign of shenanigans during her time with the nonprofit.
“I’m very fond of both of them,” Jitkoff said of Rauf and Khan.
But the court papers portrayed Rauf as a crook and a tax cheat.

Joe Kohen/WireImage for The Huffington Post

Rauf (right) rubbed elbows with big shots like Arianna Hufington and Mayor Bloomberg at the Huffington Post 2010 "Game Changers" event in October.

“Mr. Deak and Ms. Soliman are shocked and disappointed that their generosity and philanthropy have been preyed upon by Rauf … for his own personal enjoyment,” Nelson said.
The suit additionally accuses Rauf of hiding his scheme by lying on his nonprofits’ income tax returns for 2008, 2009 and 2010.
Indeed, documents reviewed by The News raised questions Tuesday. Cordoba reported no revenue in a 2006 tax filing and just $15,000 in gifts, grants and contributions in a 2007 filing, even though the Deak Family Foundation reported giving Cordoba $38,000 in 2006 and $30,000 in 2007.
In later filings, Cordoba retroactively reported additional revenue for 2006 and 2007.
State papers show that Cordoba and ASMA are deeply intertwined and have shared office space.

Larry Baglio/bagliophoto.com

The suit alleges Rauf bought his wife, Daisy (left), luxurious gifts.

But board member Mino Akhtar insisted Tuesday that Cordoba and ASMA “are totally different organizations.”
She added: “I totally trust them (Rauf and Khan).”
Deak and Rauf were once friends but fell out two years ago. The Cordoba Initiative sued the couple in 2011, claiming Deak scammed Rauf into paying $1.5 million for a Washington condo that he and his wife had bought for only $567,500 months earlier.
Deak’s lawyer said the $1.5 million was payment for consulting work done for Rauf.
The plaintiffs seek $20 million in damages from Rauf, Cordoba and ASMA.
Mohammaed Asr of Queens, a sales worker who attends afternoon services at the Park51 center, was shocked to hear of the charges. “If true, this is a disgrace,” said Asr, 41. “A lot of people are already ignorant (about Islam). This isn’t going to help.”

'The bullet flew past my ear': Danish anti-Islam writer, 70, narrowly survives doorstep assassination attempt

• Gunman rang doorbell of Lars Hedegaard's apartment in Copenhagen
• Fired a bullet that narrowly missed the 70-year-old's head
• Would-be assassin fled after Mr Hedegaard punched him in the face
• Police searching for 'foreign' man aged between 20 and 25

A writer and outspoken critic of Islam narrowly escaped being shot dead after he opened his door to a would-be assassin posing as a delivery man at his home in Denmark.

The gunman rang the doorbell of 70-year-old Lars Hedegaard's apartment in Frederiksberg, Copenhagen, under the pretext of delivering a parcel, but when the writer opened his front door the hitman pulled out a weapon and fired a shot that just missed Mr Hedegaard's head.

According to Mr Hedegaard, who described how the bullet 'flew past' his right ear, said the sniper fled after the writer punched him in the face causing him to drop his gun.

Investigation: Danish police outside Mr Hedegaard's apartment in Frederiksberg, where a gunman fired a shot that narrowly missed the writer's head

Assassination attempt: Danish Lars Hedegaard, a writer and outspoken critic of Islam, opened his front door to a gunman posing as a delivery man

Mr Hedegaard, who heads up a group that claims press freedom is under threat from Islam, said the attack had left him shaken but not injured.

Police in Copenhagen confirmed they were searching for the suspect, described as a 'foreign' man aged between 20 and 25.

Mr Hedegaard said of the shock attack: 'The bullet flew past my right ear, after which I attacked him and punched him in the face, which made him lose the gun.'

The gunman then fled the scene, he said.

Hedegaard heads the Free Press Society in Denmark and its international offshoot, the International Free Press Society. He is also among the publishers of a weekly anti-Islam newsletter.

In April 2012 he was acquitted of hate speech over a series of statements about Muslims.

Hunt: Police in Denmark are searching for the suspect, described as a 'foreign' man aged between 20 and 25

Denmark's Prime Minister Helle Thorning-Schmidt condemned what she called a 'despicable' act.

'It is even worse if the attack is rooted in an attempt to prevent Lars Hedegaard to use his freedom of expression,' she said.

Mr Hedegaard has expressed support for a range of outspoken critics of Islam in Europe, including Swedish artist Lars Vilks and Dutch lawmaker Geert Wilders.

'Failed attack on my friend and Islam critic Lars Hedegaard in Denmark this morning. My thoughts are with him. Terrible,' Wilders posted on Twitter.

The Free Press Society said it was 'shaken and angry', but 'relieved that the perpetrator did not succeed'.

Hitman: A police officer gathers evidence outside Mr Hedegaard's home today

Critic: Mr Hedegaard was acquitted of hate speech in 2012 after being accused of making insulting and degrading remarks about Muslims

Several Scandinavian writers, artists and journalists have been exposed to threats and violence from extremists since the 2005 publication of Danish newspaper cartoons of the Prophet Muhammad triggered an uproar in Muslim countries.

Many Muslims believe the prophet should not be depicted at all - even in a flattering way - because it might encourage idolatry

In 2010, a Somali man living in Denmark used an axe to break into the home of one of the cartoonists, who escaped unharmed by locking himself into a panic room.

Last year, four Swedish residents were convicted of terrorism in Denmark for plotting a shooting spree at the newspaper that first published the Muhammad caricatures.

In Sweden, Vilks has lived under police protection after a drawing he made depicting Muhammad as a dog led to death threats from militant Islamists.

‘Re-open Altantuya murder probe if…’

Responding to the revelations by Deepak Jaikishan, Musa Hassan says the probe should be re-opened if there is new evidence.
UPDATED

PETALING JAYA: There must be a fresh probe if there is new evidence about the death of Mongolian translator Altantuya Shaariibuu, said former inspector general of police Musa Hassan.

Pressed on private investigator P Balasubramaniam’s second statutory declaration, Musa, who is also crime watchdog MyWatch patron, repeated:”If got new evidence, there should be a new investigation.”

In December last year, carpet dealer Deepak Jaikishan alleged that Prime Minister Najib Tun Razak’s wife Rosmah Mansor had sought his help to get Balasubramaniam to retract his first statutory declaration which implicated the premier’s family in Altantuya’s death.

Deepak, allegedly in working in cahoots with Nazim Razak, brother of Najib Tun Razak, had sealed a deal with Balasubramaniam to retract his allegation.

However, Najib had since dismissed Deepak’s allegation, saying the latter was not a credible person.

Crime index manipulation

On another matter, Sanjeevan alleged that the government had manipulated the crime statistics in regards to burglary and house break-ins for 2011.

He claimed that from January to October 2011, there were 43,792 cases of burglary and house break in, but the government changed the figure to 30,200.

“For snatch thief and robbery without firearms, 17,882 cases were recorded for the same period. However, the government tweaked it to 7,324 cases only.

“IGP Ismail Omar must explain this,” said Sanjeevan, who is also a Negeri Sembilan PKR youth exco member.

He added that the police should also make public of its Standard Operation Procedures on gauging the crime statistics so that the people would have better knowledge of it.

“It’s because we believe some calculations are not done correctly.

“For example, for a vehicle theft case, our police consider the crime is solved when the vehicle is found, not when the culprit is apprehended which is against the Interpol standard,” he alleged.

Mahathir: Malaysiakini and DAP are racists

The Perkasa patron says he would stop fuelling sentiments if others would.

KUALA LUMPUR: Former prime minister Dr Mahathir Mohamad today accused online portal Malaysiakini and DAP as extremists who are responsible for the increased level of racism in Malaysia.

“Malaysiakini and DAP are racists. They only think of one race. They are the real racists, they have been raising the racist issue a lot,” said Mahathir at a press conference here following the launching of a coffee table book entitled Antarctica: Malaysia’s Journey to the Ice.

He also responded to MIC strategy director S Vell Paari’s statement urging him to stop raising racist sentiments over claims on citizenship rights.

Mahathir, who is the patron of the Malay rights group Perkasa, said he would heed Vell Paari’s call if others would quit their racist taunts.

“I will stop if and when others stop,” he said. “I said all those things because I felt bound to reply to racist sentiments made by extremists.”

Referring to Prime Minister Najib Tun Razak’s penchant for doling out aid to various sectors of society, Mahathir defended him against charges of vote buying.

“That is his right,” he said. “During my time, there was no money. Now the government is rich. Malayan Banking Berhad itself recorded a profit of 6 billion ringgit. And they are taxed 28%.”

He also once again admitted to granting citizenship to foreigners under the controversial Project IC.

“I admit we gave citizenship to people who lived in Sabah for a considerable amount of time,” he said. “However, whatever happened on the ground, I am not responsible for it.”

He also said the new citizens did not necessarily vote for BN.

“Those people who got ICs were not necessarily supporters of BN. They could vote for whomever they liked. They were not forced to vote for BN. Otherwise how did PBS win the election in 1990?”

Dr M: Immigrants given ICs don't necessarily vote BN

Contrary to the citizenship-for-votes allegations, foreign immigrants given citizenship don’t always vote BN, claimed former prime minister Dr Mahathir Mohamad.

“Actually it benefits the opposition,” argued the veteran politician, pointing out that PBS strongman Joseph Pairin Kitingan won, and BN lost in the elections.

“They are Malaysian citizens and it is their right to vote for their choice,” argued Mahathir further.
Speaking at a press conference in Kuala Lumpur after launching the book Antarctica: Malaysia’s journey into the ice that chronicles our country’s research activities at the South Pole, the former premier was asked on whether revelations of possible misconduct unearthed during the ongoing royal commission of inquiry into immigration in Sabah will damage BN’s hold there.

He said that despite the matter being depicted as being a government ploy to get more votes, it may have instead given the ballot into opposition-friendly hands.

Mahathir reiterated that under his direct orders, only qualified immigrants are selected for citizenship, adding however that whatever happened on the ground may have been otherwise.

Perkasa not out to insult Christians

Previously, Mahathir had pointed the finger to his then deputy, opposition leader Anwar Ibrahim and rogue implementing officers on the ground as the culprits of wrongdoings, pointing out that the government had taken action against officers involved and claimed he had “knowledge” of possible misconduct by Anwar.

Quizzed on whether action should be taken against Malay rights NGO Perkasa president Ibrahim Ali for his statement allegedly urging that Malay versions of the Bible with the word ‘Allah’ in them to be burnt, Mahathir downplayed the matter.

“He was commenting on standard government procedures to dispose of publications that contravene laws, that is by burning. I don’t think he meant to insult the Bible,” reasoned Mahathir.

He also saw nothing wrong with Penang BN featuring South Korean overnight sensation Psy to perform his ‘Gangnam Style’ during a planned Chinese New Year gathering in the northern state.

“It’s their right to do so, if the people of Penang like those kinds of shows, let them.”

Malaysiakini also racist

On the topic of racism, Mahathir mentioned in passing that "people like Malaysiakini, like the DAP" were racist. However, he did not elaborate on his remark.

Dr Mahathir earlier launched the coffee table book Antarctica: Malaysia's journey to the ice produced by the National Antarctic Research Centre (NARC).

The book, which has 275 pages of text and 366 photographs, was published in collaboration with the Malaysian National News Agency (Bernama) with funding from the Universiti Malaya and the Higher Education Ministry.

According to the news agency, Antarctica: Malaysia's journey to the ice gives an elaborate account of the icy continent, its geology, climate, flora and fauna, and the scientific research stations as well as the work of the multinational group of scientists and researchers who focus their efforts there.

It also relates the aspiration of Malaysia to persuade the international community to regard and accept Antarctica as a common heritage of mankind and utilise the conducive atmosphere it offers for research that will benefit humanity.

Health Ministry gives nod to bring in Pornthip

The Health Ministry has agreed to issue the necessary papers to allow renowned Thai pathologist Dr Pornthip Rajanasunand to conduct a second autopsy on C Sugumar, who was allegedly beaten to death by police and a mob on January 23.

Lawyers for Sugumar's family said that the assurance was given by the ministry's deputy chief secretary Dr Mohd Azhar Yahaya and medical development director Dr Azmi Shapie during a meeting in Putrajaya today.
Lawyer Latheefa Koya said the duo also agreed to have the ministry supply the necessary facilities for Pornthip to conduct the procedure at the Serdang Hospital.
After waiting for two hours, the family members were provided the authorisation letter which stated that Pornthip must apply to the Malaysian Medical Council for permission to conduct the autopsy.
This was necessary to allow foreigners to conduct autopsies in Malaysia. Latheefa said the message would be conveyed to Pornthip immediately.
Sugumar, 40, was allegedly beaten to death while handcuffed, after being chased by three police personnel and a mob at Taman Sri Nanding, Hulu Langat.

Three hour sit-in
The family are not satisfied that the autopsy report suggested that he died of a possible heart attack and have demanded that the federal government invite Pornthip to conduct the second autopsy.
As Pornthip is a Thai government official, there will be bureaucracy involved in bringing her here. She has indicated an interest in conducting the procedure.

She was hired by the Selangor government in November 2009 to observe the second autopsy on Teoh Beng Hock and later testified at an inquest to determine the cause of his death.
Earlier today, there was a minor commotion when Sugumar's relatives, friends, the lawyers and some activists were barred from entering the health ministry headquarters.
Following this, the group held a three hour sit-in at the health ministry headquarters compound to demand a meeting with Health Minister Liow Tiong Lai or a high ranking official.
Eventually, ministry officials gave in and set up proceeded to meet them.

PM ordered Boustead to buy my firm, claims Deepak

Carpet trader Deepak Jaikishan claimed that Prime Minister Najib Abdul Razak was directly involved in Boustead Holdings Bhd's acquisition of Astacanggih Sdn Bhd, which he owned.

At a press conference at PAS' headquarters in Kuala Lumpur today, Deepak said Najib had done so to protect his family members involved in a dodgy land deal.

"The order was given by Najib directly to the Boustead chairperson.

“I know this because I was there when the instruction was given," said Deepak (centre in photo), who did not state when or where the meeting took place.

In view of this, Deepak urged Defence Minister Ahmad Zahid Hamidi to withdraw his defamation suit against PKR director of strategy Rafizi Ramli over the latter's statement on the same matter.

"He (Rafizi) did not know this. If at all, any (court) action should be directed at Najib, because he gave the instructions," he said during a press conference following a meeting with PAS leaders today.
Boustead Holdings' corporate exercise

Previously, Astacanggih had been embroiled in a court battle with Awan Megah (M) Sdn Bhd over a land deal gone sour.

In Nov 28 last year, Deepak dropped a bombshell when he claimed that he had to pay a large sum of money in 2007 to a member of Najib's family to help facilitate the land deal.

At the time, Najib was defence minister and the deal involved land owned by the Defence Ministry.

Eventually, Astacanggih dropped the suit after Boustead Holdings, through its subsidiary Bakti Wira Developments Sdn Bhd, acquired 80 percent interests in the company.

The acquisition is reported to be part of Boustead Holding’s corporate exercise to acquire an 80 percent interest in the 200-acre development land in Bukit Raja at a total price of RM160 million or RM18.37 per square feet.

Boustead Holdings is owned by Defence Ministry-backed pension fund Lembaga Amanah Angkatan Tentera (LTAT).

LTAT chairperson Admiral (Retired) Mohd Anwar Mohd Nor (right) maintained, at the time, that the corporate exercise was carried out purely due to commercial reasons and because of other considerations.

This came under fire from the opposition, with Rafizi stating the deal made “no commercial sense” and accused the the government-linked company is abusing the pension funds of military personnel.

The Selangor govrnment has also said it will not approve any development on the land in contention.

Deepak to write to AG to seek immunity as whistleblower

Controversial carpet trader Deepak Jaikishan will apply to the Attorney-General’s Chambers for protection under the Whistleblower Protection Act 2010, to prevent any fallout following revelations he plans to make concerning a cheating case involving a top Malaysian leader.

Deepak (centre in photo) said he decided on the move after listening to advise from PAS leadership during a meeting with them at the PAS headquarters this morning.

During the meeting, he said PAS informed him there is no need for a guarantee of immunity as the safety of a witness is already guaranteed under the Act.

“I am seeking PAS’s help as I will not get any help under the Najib (Abdul Razak) government.

“I am following the suggestion given (by PAS). I will write a letter to the attorney-general (AG) and hope he will respond immediately,” Deepak said during a press conference.

Also present at the press conference today were PAS vice-president Mahfuz Omar, lawyer Asmuni Awi, PAS deputy secretary general Syed Azman Syed Ahmad Nawawi dan Kuala Selangor MP Dzulkefly Ahmad.

PKR director of strategy Rafizi Ramli had previously said that Deepak will immediately be stripped of his whistleblower status if he reveals the information to the public.

He said the act only allowed protection if the witness provides the information to the Malaysian Anti-Corruption Commission (MACC) or police.

'Police data shows crime rate double what was released'

A crime watchdog has claimed that police internal data shows that the crime rate in 2011 is more than double the statistics announced to the public.

The allegation was made by the newly-established NGO MyWatch, of which former inspector-general of police (IGP) Musa Hasan is patron, during a press conference in Petaling Jaya today.

To back his claim, MyWatch chairperson R Sri Sanjeevan furnished an internal circular purportedly issued by Federal Criminal Investigation Department director Bakri Zinin on Oct 13, 2011 to state police chiefs.

Two charts showing the statistics for ‘burglary and housebreaking’ and ‘snatch cases and robberies without firearms’ in all states in 2010 and 2011 were attached with the letter.

According to the charts, the number of burglaries and house break-in cases nationwide from January to October 2011 are 43,792, which is 45 percent higher than the 30,200 announced by the police.

For snatch cases and robberies without firearms nationwide from January to September 2011, the number stands at 17,782, more than double the figure announced by the police which is 7,324.

Both Musa and Sanjeevan urged the current IGP, Ismail Omar, to explain the discrepancies.

“They need to respond on whether the allegation is true or not. If it is true, correct (the statistics); if it is not true, deny the allegation,” Musa added at the press conference.

M'sians should have 'Nambikei' in Hindraf

Over the last week several articles and commentaries have emanated mainly from political writers from the opposition side and their colourful commentors in spewing negative views about the ruling government in lifting the ban and a possible dialogue with Hindraf.

This indirect public gorging by these writers can only mean that they are concerned on the thought process of the poorer grassroots Indian voter in Malaysia and how much influence does Hindraf have over them.

As usual all the possible distasteful innuendos are thrown at the Indian Malaysians like being pariahs, cheapskates, easily bought over, no integrity nor principle and so forth.

Many fail to recognise that Hindraf was the catalyst that invoked the 2008 tsunami, and which was then victimised when all the regular politicians and their eminent supporters moved on with their regular lives.

Let’s look at the Malaysian population demography of 28.3 million as of the census in 2010. Malaysian Indians represents 7.3 percent of the population of which approximately 75-80 percent are still living in rural or semi-rural vicinities. Giving the benefit of doubt, let’s say that 25 percent are in urban cities.

Further, let us also look at emigration which has brought about a Malaysian diaspora of about 1.0 million who are able to vote. Naturally the bulk of these are the Chinese Malaysians, whereas the Indian Malaysians and the Malays probably make up some small percentage but definitely not as significant.

The majority of the Indian Malaysian population is very much in the doldrums if we start micro analysing the 75 percent of those in the rural and semi-rural areas. There are the very people that Hindraf represents on the basis of humanity.

No disrespect meant to our fellow urbanised elite Indian Malaysians, but in reality basic bread and butter has not been their issue, but what type (ie brand, class, prestige) of bread and butter is susceptible.

The majority in urbanised cities and the diaspora amongst the Indian Malaysians are well-intentioned people but to a large extend get swayed with the typical ‘I know how and why it should be this or that’. Most of them talk about good (Pakatan) vs evil (BN) and how these stupid Indian Malaysian voters are condemned if they don’t make the right pick. Really!!!!

Then where was the whole nation when this community had deteriorated to the level it is now through blatant institutionalised racism condoned by all of us?

Today everyone is batting their eyelids again, or shall I say when the election bell is ringing, as that is the only time when the Indian Malaysian issues become pertinent.

As far as I can see, Hindraf seems to be the only one who had stood thick and thin along with this community all this while since its inception without worrying about with whom it should talk or not as long as the permanent solution is attained.

We shouldn’t be too concerned with the political overtures on how the affected Indian Malaysians should vote, but be able to acknowledge only what Hindraf does and how it can eventually benefit the people in a broader sense.

No longer a government-people distinction

The pure notion of democracy is that there is no division between the government and the people, so why does this division exist? The only justification is because it has long since ceased to exist. The discord that exists in reality for the poorer segment of Indian Malaysians is a classic example to show how the current politics and policies is in a static system whether it is BN or Pakatan.

What we have is not democracy, what we have is a society of politicians and the people. Once the group has your vote, and no longer has to perform, your country is in their hands, and they won’t care what you want until voting time comes again.

Democracy is an old antiquated notion, Hindraf’s clarion call for a neo-democracy, where every person has the opportunity to bring their grouses in a collective manner for a bipartisan and humane solution, ensuring that society progresses in a fair manner without enduring such a state of disparity such as encountered by the marginalised and discriminated Indian Malaysian society in the present day, should be received with open arms.

The participation in a neo-democracy evolution needs all segment of the community to join hands to uplift those communities that had been long neglected and side-tracked like the poorer segments of the community for political and power abuses on the basis of basic human rights rather than trumpeting political and individual deviation.

Politicians, political pundits, you and me are welcome but lack a raison d’etre in totality if we are unable to see that only Hindraf is able with their crystal clear version of the Hindraf blueprint of what needs to be done in this era of baits and temptations for the aggrieved community.

Can we at least for once have a consensus on the Hindraf blueprint minus the politics for a segment of our own Malaysians?

Deepak seeks immunity, vows more exposés after

Syed Jaymal Zahiid, The Mlaaysian Insider

Controversial businessman Deepak Jaikishan said today he will seek immunity under the Witness Protection Act 2009 before exposing further alleged power abuse involving the country’s top leadership.

“I will apply for protection and write a letter to the Attorney-General (A-G) and hope he will reply immediately so I can make detailed exposés,” he told reporters after meeting PAS leadership at the party’s headquarters here.

The meeting took place after PAS vice-president Datuk Mahfuz Omar promised to look into the carpet dealer’s request for protection after Deepak claimed he had been a victim of government intimidation.

Mahfuz said PAS was ready to provide legal help should Deepak face problems in his application for immunity as a whistleblower.

“Our lawyer is ready to provide legal service to Deepak should he face obstacles in his application. He is qualified to receive protection under the Act,” the Pokok Sena MP said.

The carpet dealer claimed today the authorities had tried to intimidate him when they sent five police officers to bring him to “a certain officer’s house” to have his statement recorded on his alleged involvement in the second sworn statement on the murder of Mongolian Altantuya Shaaribuu.

“Instead of the Duta police station where I was supposed to record my statement, five police officers had escorted me to record my statement at a certain officer’s house.

“This is the typical cloak-and-dagger style to intimidate. I know how they work. The government is very powerful but they cannot hide the truth,” he said.

Deepak further said the police had asked him if he knew who had murdered Altantuya.

“I replied I know the personality involved but I’m not 100 per cent sure who was at the location (of the murder),” he said while refusing to divulge the name of the person in question.

The carpet dealer had recently admitted that he helped private investigator P. Balasubramaniam repudiate the latter’s earlier statutory declaration on the 2006 murder, including finding two lawyers to draft the new statement.

The Bar Council subsequently launched an investigation on the identity of the lawyers and possible misconduct in the drafting of the second sworn statement on the matter but said Deepak had refused to co-operate.

A cloud of mystery has hung over the identity of the lawyer who drew up Balasubramaniam’s second SD, dated a day after his first on July 3, 2008, regarding Altantuya’s 2006 murder, for which two elite police commandos have been convicted and are facing death sentences.

Perak Speaker Ganesan sues for defamation over lewd VCD

(The Star) - Perak state assembly speaker Datuk R. Ganesan on Wednesday filed a RM25mil suit for defamation against five Opposition lawmakers over a VCD with a lewd picture of him and a woman on the cover

He named assemblymen V. Sivakumar (Tronoh), A. Sivasubramaniam (Buntong), Datuk Ngeh Koo Ham (Sitiawan), Nga Kor Ming (Pantai Remis) and Lim Pek Har (Menglembu) as the defendants in the suit.

“I have lodged a police report on Dec 22 for investigations to be carried out and I have stated then that I will take stern action against those who have defamed me.

"On Jan 15, I issued a letter through my lawyer demanding that these parties retract their statements and apologise to me on certain terms but until now I have not received anything.

"Therefore, I've decided to file a defamation suit to clear my name," he told reporters at the High Court.

On Dec 22, Sivakumar and Sivasubramaniam claimed they received a brown envelope outside the state assembly, apparently containing a VCD with the lewd picture.

The contents in the VCD could not be verified as the recipients claimed they had not watched it and decline to show it to the media.

There was also a printout of an image from a blog and an envelope with the sender's address as “Perak MIC liaison body”.

On the campaign trail

FEB 6 ― The ceramahs have begun all across the country, as politicians and political parties begin campaigning for support and votes come the 13th general election.

These ceramahs require massive reserves of energy, as the long hours on the road, the meet-the-rakyat sessions, rushed prayers at nearby suraus, and critical meetings on the road can take a toll on the politician and his team of aides.

Pakatan Rakyat’s Jelajah Merdeka Rakyat road tour was launched in August last year in a bid to give meaning to Malaysia’s independence, and also to educate and meet the grassroots all around the country.

The bus Opposition leader Datuk Seri Anwar Ibrahim uses for the road tour is also literally the vehicle to garner support and gain voters. It is the mothership for meetings, camaraderie and a safehouse for the PR team as they go on the road every week.

These trips are not for the faint of heart and weak-bodied. They require stamina of the mind and body, and the tenacity of a titan. If a ceramah does not go well, the trip will test one’s spirit and strength. And it is not just the politician who is affected, his aides will also feel the pain and agony.

Anwar’s trip to Negri Sembilan on January 27, 2013 was one of many he has taken and will take this year. Gemas is crucial ― the Felda settlers are not happy, and their support must be courted.

The itinerary looked packed: It meant a solid 12 hours on the road, with ceramahs beginning at 5pm and ending at midnight. Anwar was going to attend the “Dialog Ekonomi dan Sosial” closing ceremony at Melang, Kuala Pilah before ending the tour in Pekan Pasir Besar, Gemas. In between the two ceramahs, there’d be a few stops as well.

The mothership

The bus, which has a picture of Anwar smiling right across it and proudly touting Jelajah Merdeka Rakyat, sported ominous red paint streaks on its body.

“That happened in Johor,” a young aide explained.

Why wasn’t the bus cleaned then?

“To show proof to the rakyat. That we were attacked. Johor and Melaka Umno kuat.”

The double-decker bus is plush, and designed for the business traveller. The upper deck ― comfortable seats with ample leg room and a small kitchenette ― is for hush-hush meetings between Anwar and team. Below, an equally spacious but smaller space holds luggage and other staff and volunteers.

However, Anwar keeps the team small as he needs space to hold meetings with ADUNs he meets along the way, or friends who meet him halfway and join him for the ride.

“Datuk Seri usually travels in his own car, but before a ceramah stop, he’ll get on the bus. He also conducts meetings here too, and sometimes he just relaxes. It depends.”

They’re a lively bunch ― the political aides, interns and the events specialist. They are also joined by a videographer who travels with them on almost every trip they make.

Chan, as he is known, is a cheerful and youthful-looking man in his 50s. He runs Merdeka Rakyat. If not for them, the trips would be dull. There’s always laughter and jokes.

Do they all work for Pakatan?

No. With the exception of the events specialist, they are all volunteers, and hold down jobs outside of political work.

The intern worked for Nik Nazmi Nik Ahmad before, and was a student activist. He is proud of his contribution to the party. “I do… I help the pol secs, make sure everything runs smoothly, the Wi-Fi, food...” He is also a walking encyclopaedia of Malay pop and entertainment culture.

The man

When one hears and speaks of Tun Dr Mahathir Mohamad, there is respect even as he is reviled. One either loves or hates Dr Mahathir, but one cannot not recognise his achievements and vision. Dr Mahathir is living proof of actualisation.

Anwar, however, is different. Say what you will, admire or despise him if you want, but Anwar has the X-Factor. He is extremely charismatic and a shrewd reader of an audience.

Psychology has devoted many chapters to politician personalities; to be a politician, you need the charms and mediation skills of a diplomat, and know when to bite back.

You can’t survive in politics if you’re soft-hearted. Anwar is tough, just look at what he has been through.

Many staff members (former and current) say that he is a good boss. He is jovial, approachable, though when things are rough, Anwar can be distant. This is not unusual behaviour; aren’t we all like this? And they also attest that no matter how tired he is, how depressed he gets, when he is with the rakyat, and on stage, he performs.

Yet for all the chumminess he emanates, he is also aloof. Perhaps this is a way of protecting himself. A politician has many enemies.

Age has caught up with him but he is still attractive. His hair is now salt-pepper grey, and he gets up from his seat with more care now. Politics is not kind to those who are older, but Anwar takes it in his stride.

At the Majlis Penutup Dialog Ekonomi dan Sosial in Kuala Pilah, where he addressed slightly over 200 supporters and on-lookers, he spoke of PR’s promises should they take over Putrajaya. The lowering of car taxes and prices. Free education. Releasing the rakyat of economic burdens. Making sure Felda settlers receive their dues.

Anyone else who was expecting a proper discourse on national economics and PR’s plans on managing Malaysia’s resources from Anwar would have been surprised, and disappointed.

The truth is that the grassroots aren’t interested in all that – they are concerned about bread and butter issues. And the former deputy prime minister of Malaysia has caught on to the zeitgeist. He knows what they want to hear.

The journey home

I had asked if I could speak to Anwar but he was either in a discussion with his team, in his private car, or resting. It’s not easy pinning him down even if you are on the same bus together. I spent quite a lot of time staring at the back of his head, hoping the interview would be granted.

Everyone piled into the bus, ready to head back to Kuala Lumpur. Arrival would be at 3.30 in the morning, and they had a meeting at about 10.

Anwar waved to his supporters from his seat. They waved back eagerly.

There was a short lull as the bus made its way back to the city.

He sang an old Malay song.

“Datuk Seri is happy,” Chan said. “That means everything went well. When he’s happy, he sings.”

About 20 minutes into the journey, the bus stopped at a petrol station. Anwar and his youngest daughter left the bus to go home in their car.

The journey back to Kuala Lumpur was quiet, as the aides dozed off in their seats.

“We’ll impact this GE,” one of them said sleepily. The next day was going to be another day of meetings, and with the elections very soon, sleep would be a luxury.

The writer takes her hat off to politicians of both sides. She’d like to know what vitamins they take. She hasn’t recovered from the bus ride!

* This is the personal opinion of the columnist

‘Judges must read submissions’

The Star
by SHAILA KOSHY

KUALA LUMPUR: Court of Appeal judges may read case notes before a hearing but not at the expense of the written submissions and appeal record.

Lim Chee Wee said Court of Appeal President Tan Sri Raus Sharif told the Bar Council that this has been communicated to his judges.

While rogue lawyers could, as alleged by some quarters, try to influence registrars in writing case notes favouring one party, Lim said, such abuse would be ineffectual if judges read the written submissions and appeal record.

Malik Imtiaz Sarwar, who often appears in the Court of Appeal and Federal Court, said registrars/law clerks in many countries wrote briefs for their judges, including Singapore.

“However, here, we get the impression that judges haven’t had the time to read the actual file.”

They were responding to the front page article in The Star yesterday on a small group of lawyers who like to boast they can fix cases. Known as the “Dream Team” or syndicate/cartel, their puppet master is a retired judge.

But can our judges possibly read every file? The Federal Court case load on Jan 30 was a typical one – nine appeals, of which three were civil matters and six were criminal appeals, of which three were death penalty cases

Lim admitted there was no necessity for registrars to prepare case notes if lawyers prepared their written submissions on time and in a format judges found easy to understand.

He said they accepted there was much room for improvement in writing submissions.

Requesting anonymity, a practitioner of some 40 years said there would be less opportunity for abuse if there was no “obsession to clear the backlog of cases”.

“When I started practice, judges had three cases a day, not nine.

“Cases shouldn’t take 30 years but what’s the difference if a case takes two or three years to complete.

“At the end of the day, the judge has a duty to explain clearly in his grounds to the loser why he lost.”

Lim said Raus had implemented a new timetable so judges would sit one week and spend the following week writing and reading.

He said judges today worked very hard in comparison, adding that an appointment to the Bench was “no longer a semi-retirement plan” for lawyers, those from Judicial and Legal Services, or Attorney General’s Chambers.”

Imtiaz praised Chief Justice Tun Arifin Zakaria’s empanelling of five judges in the apex court.

“We have seen greater participation (from all the panel) and hence (there is) lesser opportunity for corruption.”

Imtiaz added Arifin should have an audit process to monitor his judges based on the Judges’ Code of Ethics, and set up a system for self-correction.

Meanwhile, Kelana Jaya MP Loh Gwo Burne released another video clip alleging case fixing in the judiciary, reports TEH ENG HOCK.

The two-minute clip released yesterday shows his father asking an unidentified man to request a judge to help in his case and the man replying that there was no need because his “wheeler-dealer broker” friend was there.

In 2007, a Royal Commission of Inquiry was set up to look into the fixing of judicial appointments after Loh released the VK Lingam clips.