by Andrew Khoo Chin Hock 
13 December 2008
Marked the first anniversary of the arrest under the Internal Security Act 1960 (“ISA”) of P. Uthayakumar, M. Manoharan, V. Ganabatirau, R. Kengadharan and K. Vasantha Kumar, otherwise known as the “Hindraf 5”.
Approximately 40 people comprising the President, Vice-President, Secretary and Treasurer and members of the Malaysian Bar, family members of some of the Hindraf 5, family members of other persons currently being detained under the ISA and members of the public gathered at the Bar Council Auditorium for a simple yet meaningful ceremony to remember the occasion.
In her brief opening remarks, President of the Malaysian Bar Dato’ Ambiga Sreenevasan noted that apart from the ISA, there was other legislation that allowed for detention without trial, and that approximately 2,000 people were being detained. In respect of Hindraf, she questioned the logic of the Government in banning not an organisation per se but a cause. She wondered whether this was a first anywhere in the world. In her subsequent remarks after members of families spoke, she commented that she had written to the Ministry of Home Affairs about the issue of no physical contact between family members and detainees. She also said she was very concerned during recent releases when detainees were referred to as terrorists, etc. None of this had been proven, and such references only served as an attempt by the Government to “legitimise” their detention.
Vice-President of the Malaysian Bar Ragunath Kesavan articulated the need to continue to support the 4 members of the Hindraf 5 who were practising advocates and solicitors, many of whom were sole proprietors. He said that all of them were struggling to maintain their practice, but the Malaysian Bar would do what it could to help them with their Sijil Annual applications. He wanted them to be able immediately to return to the practice of law once they were released. The Malaysian Bar would also continue to issue press statements and mount signature and other campaigns to call for the release of the Hindraf 5, as well as all those being detained. He also praised Gerakan Mansuhkan ISA (“GMI”) and Suara Rakyat Malaysia who have been doing a lot to keep the issue of the ISA in the forefront. He said that the Government did not like the public saying they did not want the ISA, or for ordinary citizens to be cycling around the country distributing flyers highlighting human rights issues. He re-iterated the fact that the Government had not produced any evidence to justify the continued detention of persons under the ISA. He added that the injustices of the ISA had been highlighted and brought home to the ordinary citizen with the arrests of Raja Petra Kamaruddin, Theresa Kok MP and journalist Tan Hoon Cheng.
Next to speak was Mrs. Puvaneswary, the wife of V. Ganabatirau. She related the experience of herself and her 2 children in the year since her husband’s arrest and detention. Her older child kept asking daily where “Papa” was, while her younger child was unable to recognise her father since she was very young when Ganabatirau was arrested. She maintained that her husband had done nothing wrong, and so should never have been arrested. She thanked members of the Bar, especially those who had been helping very closely, for their assistance. She had had to rent out half of her husband’s office space in order to make ends meet. She added that clients had also been very understanding.
The Master of Ceremonies for the event, Malaysian Bar Treasurer George Varghese, then read out a letter from Dr. Kalaivani, the proud wife of R. Kengadharan. She apologised for not being present in person due to her once-a-week visit to her husband in Kamunting. She too highlighted the cost to her parents-in-law and her young son of her husband’s detention, and spoke of the nightmare which evolved on 13 December 2007. Their 2½ year old son’s first word was “Papa”, but now he spoke it very rarely. At every family visit to Kamunting, their son has to be reminded to hug and kiss “Papa”. Their home environment was lifeless, empty and lonely. She thanked Prabhakaran, her brother-in-law, who toiled each day and most nights to keep Kengadharan’s law firm going, as well as to some members of the Malaysian Bar who helped him along, and also clients who continued their support. She was glad that the issue of the ISA was now being addressed by many individuals, groups and parties including the Malaysian Bar, and hoped that this struggle and the call for the immediate release of the Hindraf 5 would continue. She hoped and prayed that the suffering would end as soon as possible.
Puan Norlaila Othman, wife of almost-7-year detainee Mat Sah Satray, also spoke about the plight of families of ISA detainees. She mentioned Dr. Abdullah Daud, who had been arrested in December 2001, as the current longest-serving detainee. She highlighted the isolation of family members not being able to touch their loved one, and of speaking over an intercome separated by a glass window. She said that this last Hari Raya Haji visit was the first time in 4 years that she had touched her husband and for her son to hug his father. She half-humorously complained that she was jealous of the lawyers who visited Kamunting, who were allowed to shake hands with the detainees and meet them without physical barriers. She spoke of the emotional assistance rendered through the mutual giving and receiving of support among ISA detainee families, even if they initially did not know each other.
Puan Norlaila also provided some statistics on current and recently-released detainees. According to her, 46 people were still being detained under the ISA. She drew attention to the fact that her husband had been questioned by Special Branch on her activities with GMI, and said it had been suggested to her husband that he could be released if she stopped. But he had told them that it was up to his wife. So his continued detention was no longer about what he had been alleged to have done, or whether he continued to pose a threat to the security of the country. Indeed, others arrested around the same time as him had been released. However the issue was no longer simply about fighting to free her husband but to ensure that other people would not be subject to the ISA. She reminded those present that Nelson Mandela had been detained for 27 years. She also said she had now become a blogger.
Haris Ibrahim was invited to say a few words. He mentioned the continued vigils being carried out, including a few for which permits had been applied, and the ludicrous permit conditions. He spoke about recent efforts by the police in Batang Kali to prohibit Hindus from praying for Hindraf in temples.
Puan Hendon Mohamed, a former President of the Malaysian Bar, recalled that even when she was a schoolgirl she had known people detained under the ISA, for example the Puthuchearys and Sidney Woodhull. There was, and still is, total disregard for the rule of law through the use of draconian legislation.
The commemoration ended with two songs presented by Amin Iskandar, better known as “Black”.
Seminar tersebut dianjurkan bersama oleh Miba dengan sebuah bank milik kerajaan berhubung kemudahan bantuan dalam bentuk pinjaman kepada ahli-ahli Miba.