Vell Paari might just cause Samy's downfall

Sparks are flaring within MIC, and this time around, efforts to overthrow long-time party president S Samy Vellu might just succeed.

His son, Vell Paari (left), might just be the…

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Sparks are flaring within MIC, and this time around, efforts to overthrow long-time party president S Samy Vellu might just succeed.

His son, Vell Paari (left), might just be the catalyst to lead to his father's downfall.

The party presidency has been 74-year-old Samy Vellu's lifeline for the past 31 years, and for a long while he had the support of the majority of Indians.

However, in the last general election, MIC suffered shocking blows which included the president losing his parliamentary seat in his onetime stronghold, Sungai Siput.

The party has yet to recover from those setbacks and Samy Vellu has been the one constant target of blame for the loss of the community's backing.

Speculation is rife that Umno is vexed by Samy Vellu's presence and as the 13th general election draws closer, they are reluctant to wait for his presidential term to expire in May 2012.

Last week, a new resistance, dubbed Gerakan Anti-Samy Vellu (GAS), was launched, and in the front-line are some of his most vocal critics, namely, sacked central working committee (CWC) members KP Samy (right), G Kumar Amaan and deputy Youth chief V Mugilan.

It is much too soon to predict if the movement will snowball and lead to the resignation of Samy Vellu but it has stirred the hornets' nest as more are joining forces.

A source told Malaysiakini that the unrest was stirred after Vell Paari was appointed CWC member without the knowledge of the rest of the team.

"It was the straw that broke the camel's back," he said.

He explained that it was not so much the appointment of Vell Paari that is causing the unhappiness, "it was the way it was done".

"The president can appoint whoever he wants, we have no issues with that, but why do it behind our backs?" he asked.

"We were merely told he had been appointed and to welcome him in the meeting," he said.

He added that Samy Vellu who had kept his family out of the political loop, may have committed a major mistake by appointing his son without the support of the CWC.

Vell Paari speaks for dad

Vell Paari, has served as the Youth and Putra wing advisor, as well as the chairperson of the party's Unity and Community Development department, but never contested for position in any party poll.

It did not take long for the axed members to take notice of this. Branding the appointment as "nepotism" they derided Samy Vellu's choice.

Another CWC member hinted that the government is too not favourable towards Samy Vellu (left) retaining his post.

Although he had refused to divulge further details, he said that no one is happy except Samy Vellu's appointees.

The situation, has become even more complicated, as Vell Paari has accused at BN partner Umno of honing "political assassins" against his father, said the source.

"What is even more irksome is that he is saying this on the behalf of the MIC without discussing the claim with the CWC nor did he say it was his personal opinion," said the source.

Vell Paari, in an interview with Free Malaysia Today accused Umno of being condenscending towards component parties like MIC and MCA and attributed much of the losses during the general election to Umno.

"He is now speaking on the behalf of his father, and the president of the party. But it is the deputy who is supposed to be doing this. Where this is going to lead we don't know," he said, fearing the move might be the end of the relationship between BN and MIC altogether.

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Another MIC CWC man ticks off Samy - Malaysiakini

Another MIC central working committee member has come out into the open to openly criticise longtime party supremo S Samy Vellu.

P Palaniappan (left) said Samy Vellu should not have…

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Another MIC central working committee member has come out into the open to openly criticise longtime party supremo S Samy Vellu.

P Palaniappan (left) said Samy Vellu should not have unilaterally sacked two of his CWC colleagues and two other party leaders recently.

He said that their calls for Samy Vellu to step down does not warrant expulsion and the president should explain his actions in detail.

Palaniappan adds that Samy Vellu had on several occassions pledged not to complete his tenure as president, which expires in 2012.

However, there has been conflicting statements causing ambiguity to the transition plan.

"As a CWC member, I feel that it (calls for Samy Vellu to step down) is not in any way detrimental to the party's interest and objectives," he said.

He adds that the expulsions were "too harsh" because they were only speaking on behalf of the Indian community, and urged the leaders to re-accept them into the party.

Give successor 'sufficient time'

He also urged Samy Vellu to grant "sufficient time" for his appointed successor to put the party in order, when asked if he supported calls for the president to step down before the September 2011 deadline.

"He should leave to grant sufficient time for his successor to build up the party," said Palaniappan but refused to specify a deadline.

"I don't want to say when. He should know how much time is needed by his successor."

Palaniappan held in press conference today after one held by the Gerakan Anti-Samy (GAS) movement at the same venue.

He was accompanied by Klang MIC division chief M Karunanidhi and Dusun Tua branch chairperson S Kumar (right).

When questioned, the trio refused to specify their position on the GAS movement which is being led by the party leaders recently sacked by Samy Vellu.

“I haven't been expelled yet. I'm a CWC member. I cannot support (them). I'm sure if they (GAS leaders) have not been expelled, they would still try to seek a solution within the party,” said Palaniappan.

'Excess baggage'

Meanwhile, Karunanidhi (left) described Samy Vellu as the "excess baggage" of the Indian community and urged him to step down soon.

He said Samy Vellu's son and newly appointed CWC member Vell Paari should not drag Umno into the party's latest internal dispute.

"Umno helps the Indian community but he is the one siphoning everything," said Karunanidhi.

Party leaders V Mugilan, CWC members KP Samy and G Kumar Amaan were sacked by MIC president S Samy Vellu last week for demanding that the latter to step down immediately and not Sept 2011 as planned. They claimed his continued tenure was a liability to BN.

KP Samy and Kumar Amaan were both elected central working committee members while Mugilan was the party's youth wing deputy chief.

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Rebel trio claim Samy, not Umno, is top villain

By Teoh El Sen - Free Malaysia Today

PETALING JAYA: MIC president S Samy Vellu is the major reason that the Indian community had voted against Barisan Nasional in the…

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By Teoh El Sen - Free Malaysia Today

PETALING JAYA: MIC president S Samy Vellu is the major reason that the Indian community had voted against Barisan Nasional in the 2008 general election, said sacked MIC Youth deputy chief V Mugilan today.

Responding to a question on whether Samy Vellu was the sole reason BN lost Indian votes or if it was also due to Umno's “discriminatory policies” as claimed by the president's son Vell Paari, Mugilan said Samy Vellu was the root of the problem.

"Samy Vellu is the major and main reason and other things were the smaller reasons. If we had tackled the main reason then there would not be all these smaller reasons," he told a press conference here.

Elaborating, he said:"Samy Vellu had made the Indian community look stupid for failing to fight for their rights."

Sacked Central Working Committee (CWC) member KP Samy agreed, saying that Samy Vellu must take 50% of the blame while Umno takes 30%, and the remaining 20% is due to the candidates themselves.

"We can't blame one without the other. But I must say that Samy Vellu alone has caused alot of Indian voters to turn away from MIC," he said.

'How will a mother know, if the baby does not cry'

Current CWC member P Palaniappan said Samy Vellu never allowed his party leaders to bring up issues concerning Umno's policies during his 30-year reign.

"The problem was that the grievances of the Indian community was never really heard when Samy Vellu was president. Whenever someone voiced it, he would ask him to shut up.

"In essense, he is saying that the Umno-led government is to be blamed, but why is he only saying this now?" asked Palaniappan.

"How does a mother know a baby is hungry if it does not cry? It's a chicken and egg situation," he said.

Palaniappan said Samy Vellu never told the prime ministers he served under that the Indian community was unhappy, and Umno only realised the situation after the Nov 25, 2007 Hindraf protest.

Sacked CWC member Kumar Amman pinned the blame squarely on Samy Vellu's shoulders.

"The only cause for the loss of Indian votes is Samy Vellu and Samy Vellu only. Samy Vellu has never thought about the Indian community.

“He always had his own agenda to build his own empire with his cronies. Umno, on the other hand, is an excellent party that is very well structured," he said.

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PWTC: Mugilan cancelled booking

By Stephanie Sta Maria - Free Malaysia Today

FULL REPORT KUALA LUMPUR: Putra World Trade Centre chief operating officer Maxson Abdullah said sacked MIC Youth deputy chief V Mugilan had…

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By Stephanie Sta Maria - Free Malaysia Today

FULL REPORT KUALA LUMPUR: Putra World Trade Centre chief operating officer Maxson Abdullah said sacked MIC Youth deputy chief V Mugilan had cancelled the booking to hold the "Gerakan Anti Samy Vellu" (GAS) rally there on Sunday.

"I received a call from Mugilan this morning and he told me to cancel the booking as they have decided to hold the rally elsewhere.

"He did not elaborate on the reasons for the cancellation or the new venue.

"The cancellation could be because of the recent developments. The (RM5,000) deposit has been returned," he told FMT.

At a press conference in Petaling Jaya this afternoon, Mugilan claimed that he was informed that some "uncivilised people" were attempting to thwart the rally at PWTC. He blamed MIC president S Samy Vellu for this.

"There has been pressure from people who are uncivilised asking the PWTC not to allow the gathering. But I have booked and paid for the place and I have every right to go there.

"We already have the permit. If Samy Vellu is not afraid, why is he trying so hard to stop this?" he asked, but did not disclose that he had cancelled the booking.

"If the gathering doesn't happen, the rakyat will get even more angry," he said, vowing that the gathering will take place even if it means protesting outside of PTWC, the MIC headquarters or even Batu Caves.

PWTC's Maxson confirmed that Mugilan had spoken to him before the noon press conference was held.

Meanwhile, the sacked MIC Youth leader is confident that he would not face any problems in obtaining a police permit if the rally is moved to a new location.

The choice of venue had become a hot topic of discussion as PWTC also houses the Umno headquarters.

Since the onset of the GAS campaign, talk has been that Umno is backing the campaign, while Samy Vellu's son Vell Paari had described Mugilan as a "political assassin" hired by Umno.

Previously, MIC Youth chief T Mohan said a check had revealed that the PWTC hall for the 2pm GAS rally was booked under Umno's name.

Allegations have also surfaced that Umno is bankrolling GAS. Umno leaders have denied any links to the campaign.

Attempts to bribe members

Meanwhile, Mugilan also told reporters that he had been informed about attempts to “bribe” MIC members not to attend the rally.

Asked who was offering the bribe, he replied: “Samy Vellu, his family and his cronies. I have received more than 50 complaints.”

However, Mugilan said MIC members should accept the money if offered. "If you are given money, take it. That is our money. But make sure you come this Sunday," he said.

The MIC Youth leader also promised to reveal "something shocking" tomorrow. "All of you would be happy," he said.

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Tun-ship offer to Samy: PAS calls for probe

By FMT Staff

KUALA LUMPUR: PAS is demanding that the Malaysian Anti-Corruption Commission (MACC) probe a revelation that Prime Minister Najib Tun Razak had offered MIC president S Samy Vellu…

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By FMT Staff

KUALA LUMPUR: PAS is demanding that the Malaysian Anti-Corruption Commission (MACC) probe a revelation that Prime Minister Najib Tun Razak had offered MIC president S Samy Vellu a Tun-ship and an ambassadorial position as a compromise in the Hulu Selangor by-election.

Deputy president Mahfuz Omar, who made the call, cited the recent disclosure by S Samy Vellu’s son, Vell Paari.

Vell Paari had allegedly said that a special officer from the PM’s office had visited his father and made the offer in connection with the candidate issue during the Hulu Selangor by-election.

(Umno had been against Samy Vellu’s initial choice of deputy MIC president G Palanivel as the candidate. Umno had initially pushed for local boy V Mugilan, but later went with Najib’s choice of P Kamalanathan.)

“Vell Paari’s expose is a serious issue. It shows there were... corrupt practices in the selection of the BN candidate from MIC in the Hulu Selangor by-election,” he said.

According to him, Vell Paari’s allegations showed that this “form of bribery” was not only confined to the selection of the BN candidate in Hulu Selangor but must have also figured in other decisions made by Najib, who also is the BN chairman.

“The offers were aimed at shutting the mouth of other leaders within BN and ensuring the coalition’s political interest is safeguarded.

‘It’s an abuse of power which could result in the loss of national assets...,” said Mahfuz, who is also Pokok Sena MP.

Corrupt offers

Meanwhile in Perak, PKR Youth wing Angkatan Muda Keadilan (AMK) blew the lid off on ex-PKR assemblyman Jamaluddin Mohd Radzi (Behrang), claiming that he was making offers to members as an enticement to quit PKR.

(Jamaluddin was among the three elected Pakatan Rakyat representatives who were “bought over” which resulted in a reverse takeover of the Perak government by BN last year.)

State AMK chief Abdul Yunus Jamhari said Jamaluddin was using former Parit division chairman Faizal Effandi Hashim to do the dirty work.

“Faizal has been making offers through telephone calls and SMS.

“Faizal has been deriding the party since he quit and Jamaluddin has been using him to taunt and entice members with big offers.

“We understand that there are other BN leaders higher up who are also involved,” he said yesterday.

Abdul Yunus said he had proof of a secret meeeting arranged by Faizal on May 22 at a condominium in Ipoh, which was attended by Jamaluddin and several AMK members.

‘Our informant said the discussions revolved around the need to quit PKR’s struggle and the route to take to leave the party.

‘Before the members left, they were given RM300 each as pocket money,” he said..

At least six AMK grassroots leaders have come forward to record statements alleging that Faizal had either called or texted them with offers to quit the party.

The six are Abdul Jamil Abdul Halim (Sungai Siput), Yahya Sijari (Bagan Datoh), Mohd Uzaimi Mohd Yusof (Gerik), Mohd Yusri Yaacob (Lumut), Azzemi Adnan ( Tapah), and Manichalvan Muniandy (Beruas).

Abdul Yunus said AMK Perak will be lodging reports with the police and MACC soon.

“It is clearly against the laws of the country. Now that we have proof and witness, we will be lodging the reports,” he said.

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Petrol prices could go up initial 15 sen

The government could hike petrol prices by an initial 15 sen per litre from their current price at some stage this year under plans presented by a body advising the…

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The government could hike petrol prices by an initial 15 sen per litre from their current price at some stage this year under plans presented by a body advising the government on how to cut subsidies.

The benchmark RON 95 grade currently costs RM1.80 per litre.

The proposals were made in a public presentation on today to win over voters to accepting higher prices as Malaysia seeks to reduce its budget deficit which stood at a 20-year high of 7 percent of gross domestic product in 2009.

Under the proposals presented by the advisory body, the price of petrol would be hiked some time this year followed by two price hikes totalling 20 sen per litre in 2011 and two more of 20 sen per litre in 2012.

In 2013-2015, the price hikes would slow and by the end of 2015, the price of RON95 would stand at RM2.60 per litre,
according to the plans that have yet to be approved by the government.

The forecasts were based on a crude oil price forecast of US$73.06 per barrel for 2011 and US$79.41-US$94.52 for 2013-2015.

Subsidy cut proposals

The government will hike petrol, gas and toll highway rates under a five-year plan to cut subsidies, if the proposals made by Pemandu, a body advising the government on how to cut subsidies are enacted.

It has yet to make a decision on the planned subsidy cuts and may not do so for some months.

Subsidy cuts proposed involving 12 items:

Petrol

Petrol prices to be increased 15 sen in June-Dec 2010, then 10 sen hikes every six months between Jan 2011-Dec 2012 and by a lesser amount in following years.

Petrol prices seen at

2011 - RM2.16
2012 - RM2.20
2013 - RM2.34
2014 - RM2.52
2015 - RM2.60

The forecast for crude oil in 2011 is US$73.06 per barrel and for 2013-2015 in the region of US$79.41-94.52.

Tolls

Renegotiation with PLUS highways in 2010 and with LDP Highways by 2013.

Propose that all concession agreements would proceed without subsidies, resulting in a toll hike of between 10-67 percent for 2010.

Gas

Gas price is increased by a fixed rate of RM3/MMBTU every six months from initial increase for power sector and non-power
sector.

Gas price increase of RM3/MMBTU every six months corresponds to an increase in electricity tariff of 1.6 sen/kWh every six months.

Electricity tariff for lifeline consumers (in 2010, less than 200 kWh) would not be increased. About 56 percent of households will not be affected in 2010.

Consumers with a monthly bill of 20 ringgit and below will continue to get free electricity until Dec 2010.

Strategic industries will be protected initially.

Inflationary impact

Estimated impact on inflation:

- A 5 percent increase in petrol prices would result in a 0.4 percentaage points rise in the consumer price index.

- A 10 percent increase would cause the CPI to go up by 0.82 percentage points. Fuel represents 7.7 percent of the CPI basket.

Total savings

* In 2010, government will save about RM3 billion. In 2011, RM14 billion, RM21 billion in 2012, RM29.5 billion in 2013 and RM35 billion in 2014.

- Reuters

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Palanivel will take over from me in 2011: Samy

MIC president S Samy Vellu has said his deputy senator G Palanivel would replace him either before or after September 2011.

Samy Vellu said vice president S Subramaniam - who…

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MIC president S Samy Vellu has said his deputy senator G Palanivel would replace him either before or after September 2011.

Samy Vellu said vice president S Subramaniam - who is also the Human Resources minister - would take over as deputy president while SK Devamany and M Saravanan would remain as party vice- presidents.

"He (Palanivel) will take over as the acting MIC president when I go on leave before stepping down and he will have about nine months to carry out the duties of the president.

"He will have numerous opportunities to meet grassroots leaders in an effort to become more popular," he said during an exclusive question and answer session with TV3 last night, moderated by executive director (news and editorial operations) for Media Prima
Berhad Ahmad A Talib.

He said Palanivel who was recently appointed senator would have enough time to prepare himself for the presidential elections in March 2012. Samy Vellu has held the position of MIC president for 31 years since taking over from the late V Manickavasagam.

When asked whether he was confident that Palanivel would be able to fill his shoes, Samy Vellu said he had confidence in his deputy's capabilities but would offer advice from time to time if required.

"I will not open my mouth after handing over the presidency because a former president must not keep on talking after handing over the responsibilities.

"I will only play an advisor's role," he said.

Asked to comment on efforts by expelled MIC Youth deputy chief V Mugilan to oust him from the post through the 'Gerakan Anti-Samy' (GAS) movement, Samy Vellu said: "We will see how far he can go".

"Let them do what they want because he (Mugilan) is no more in MIC. His bad intention will not be a loss to the party - it will be a mere show," he said.

"I was elected to the post by the branch and division leaders last year to lead the party for another three years and my term ends on May 21, 2012 and they have are going against the party constitution by questioning the process of democracy," he said.

- Bernama

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The family that BN forgot

By Stephanie Sta Maria - Free Malaysia Today,

KERLING: Five weeks ago the Barisan Nasional contingent found itself in the sole Malay household in Indian-majority Ladang Kerling Batu Dua. It…

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By Stephanie Sta Maria - Free Malaysia Today,

KERLING: Five weeks ago the Barisan Nasional contingent found itself in the sole Malay household in Indian-majority Ladang Kerling Batu Dua. It was the height of the Hulu Selangor campaign period and the area was part of P Kamalanathan's walkabout itinerary.

The BN candidate's walk was rudely cut short when Monan Mat Noor slammed him for previous unfulfilled party promises. Kamalanathan dedicated the next 20 minutes listening to her woes and pledging his assistance.
He promised her both welfare and household allowance, a benefit she had been seeking for the past 16 years. By the end of his visit, 51-year-old Monan had softened and agreed to vote for the ruling coalition “one last time”.
FMT visited Monan exactly one month after BN won the Hulu Selangor seat and found that her life had changed – for the worse. She and her family are relocating because they can't afford the rent any longer.
Monan had told the BN team back then that they may temporarily stay at her son's house in Bukit Beruntung while they looked for another home. But the relocation also means additional travel time and expenses to the rubber estates in Kerling where she works as a tapper.
“Since we haven't received any of the promised aid this will be another burden,” she sighed. “We didn't really think we would get the aid, judging from past experiences, but Kamalanathan seemed different so we gave him the benefit of the doubt. And we got duped again.”
She also expressed anger at the Umno group that told them that it had “come all the way from Sungai Petani to help you and promptly left without lifting a finger”.
“All we received from BN was RM200 and that TV,” she said, gesturing to a brand-new television set in the corner. “We won it in the lucky draw that was held the night before polling day. But that's not going to feed my family.”
'Please help us'
All 10 members of Monan's family voted for BN in the by-election. But come the next general election, half will not be casting their vote while the others will vote for the opposition.
Manon's 21-year-old daughter, who only wanted to be known as Ain, echoed her mother's hurt and disappointment.
“My parents are old and they still have to slave to make ends meet,” she said. “Last month, my mother only earned RM53. And I am very worried about my father who still has to work despite his ailments.”
Che Lin Lekor, 64, works in a plantation in Kampung Jawa, and according to Ain, he often trips over large roots and unruly shrubs and had to be confined to bed for a few days.
“When this happens, my brother has to skip school to work on his behalf,” Ain said. “Kamalanathan promised to send welfare forms for my father and personally see that he receives aid. I know that he is very busy but I appeal to him to please help us if he can.”
Kamalanathan had affirmed in an earlier interview with FMT that tackling poverty remains his top agenda and that he will do his utmost to fulfil his campaign promises.

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'Axed CWC member said Umno bankrolling GAS'

By FMT Staff
KUALA LUMPUR: An MIC Youth bureau chief claimed that he was told by sacked party leader G Kumar Amman that Umno was financing the Gerakan Anti-Samy Vellu…

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By FMT Staff
KUALA LUMPUR: An MIC Youth bureau chief claimed that he was told by sacked party leader G Kumar Amman that Umno was financing the Gerakan Anti-Samy Vellu (GAS) campaign.
T Magenthiran said this information was relayed to him during a telephone conversation with the sacked central working committee (CWC) member last week.
Kumar and another CWC member KP Samy were given the boot on Monday for openly backing former MIC Youth deputy chief V Mugilan, who was sacked last week.

Mugilan, who is said to be close to Umno leaders, is the driving force behind GAS which is to be launched this Sunday at the Putra World Trade Centre here, which incidentally also houses the Umno headquarters.

Meanwhile, Magenthiran claimed that Kumar had called him last Thursday to convince him to join GAS.

“He told me that Umno is fully backing GAS and that the party has given RM3 million for the campaign, so there is no reason to be afraid,” he was quoted as saying by Tamil Nesan, which is owned by MIC president S Samy Vellu's family.

Magenthiran said he rejected the offer, and told Kumar that he will remain loyal to the party leadership.

The MIC Youth leader said he believes that Kumar has been conveying the same message to other members in a bid to lure them into GAS.

“I don't know if there is any truth to his claim, but Umno must explain,” he added.

'Mugilan made the same claim'
Last week, MIC Youth secretary C Sivarraajh called on Prime Minister Najib Tun Razak to investigate Mugilan's alleged claim that GAS has the financial backing of Umno.
“When canvassing for support, he told our members that they were given RM3 million from Umno for this campaign.
"I am asking the prime minister, as Umno president, to clarify this claim," he told a press conference.
This week, Samy Vellu's son Vell Paari stirred a hornet's nest when he accused Umno of hiring Mugilan as a “political assassin” to finish off his father's career.
In a hard-hitting interview with FMT, the CWC member had also blamed Umno for the swing of Indian votes to the opposition in the last general election.
Following this, Deputy Prime Minister Muhyiddin Yassin labelled Vell Paari as “biadap” (insolent) while other Umno leaders demanded an apology.
Umno leaders and Mugilan have vehemently denied the allegation that GAS is linked to Umno.

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BN luring Hindraf to its fold

By Athi Shankar - Free Malaysia Today,

GEORGE TOWN: Barisan Nasional has upstaged Pakatan Rakyat in wooing the outlawed Hindu Rights Action Force (Hindraf).
Sources close to the top BN…

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By Athi Shankar - Free Malaysia Today,

GEORGE TOWN: Barisan Nasional has upstaged Pakatan Rakyat in wooing the outlawed Hindu Rights Action Force (Hindraf).
Sources close to the top BN leadership said mediators had met London-based Hindraf chairman P Waythamoorthy to discuss the idea of the movement joining forces with the ruling coalition. The meetings took place recently in London and Singapore.
However, it is learnt that Waythamoorthy laid down stringent conditions, asking BN to resolve a number of Indian issues.
Sources said the BN had conveyed Waythamoothy’s message to Prime Minister Najib Tun Razak.
Although recent by-elections in Hulu Selangor and Bagan Pinang showed that the Indians were ditching Pakatan and giving back their votes to BN, BN strategists have conceded that “it was more an anti-Pakatan than a pro-BN swing”.
They said the switch was mainly caused by Indian disappointment over the Pakatan state governments’ failure to address major Indian issues, such as land ownership, housing, Tamil schools and temples.
“If Pakatan were to implement several comprehensive policies to resolve Indian issues in the states it rules, the Indian votes could move away from BN again,” said a source.
BN got an unexpected chance to woo back Indian voters with the demolition of Kampung Buah Pala, the 200-year-old Indian traditional village in Penang.
“That lucky break gave BN the impetus to woo back Indians,” said the source.
Since the demolition, the Indian community has been questioning the sincerity and competence of Pakatan state governments and elected representatives.
However, BN knows that it cannot be too dependent on the Kampung Buah Pala fiasco and that it needs strong backing from a politically influential Indian grassroots movement to enhance and sustain its reputation within the community.
Political game
The emergence of the Human Rights Party (HRP), formed by Hindraf legal adviser P Uthayakumar, as an influential Indian-based political entity, has complicated the political game in an already crowded Indian playing field.
HRP has now embarked on a “Malaysian Indian political empowerment strategy” to create 15 parliamentary and 38 state Indian-majority seats across the country to strengthen the community’s hand in bargaining for power and representation.
If it has strong backing from Hindraf activists, HRP could swing in the bulk of the working-class Indian votes, which would be detrimental to both Pakatan and BN.
HRP, Hindraf and several political parties and civil rights movements, especially from Sabah and Sarawak, are already contemplating forming a third political force, independent of BN and Pakatan.
BN is trying to swiftly thwart this development. Its leaders believe that Hindraf and HRP have a crucial and decisive role to play in the next national polls.
Many consider Hindraf to have been instrumental in the massive swing of Indian votes to PKR, PAS and DAP in the last general election.
Najib, it is learnt, has conceded that his attempt to split Hindraf by forming the breakaway Malaysian Makkal Sakti Party (MMSP) has been a flop.
Wrong horse
Sources said he realised now that he had bet on the wrong horse by backing former Hindraf national coordinator RS Thanenthiran as leader of MMSP.
He is said to be disgusted with the current in-fighting in the new party, which was formed last October but has since split into three factions openly battling each other. Observers see MMSP as politically redundant.
It is also learnt that Najib sees MIC as a party rapidly becoming irrelevant to the Indian community, as has been the case with the multi-racial but Indian-dominated People’s Progressive Party and Indian Progressive Front.
However, Hindraf and HRP see Umno as a common enemy and prefer to work with Pakatan.
But so far Pakatan leaders, especially Anwar Ibrahim, have yet to move towards forging a link despite attempts by some to persuade the PKR supremo to do so.
“Anwar has been either arrogant or ignorant,” said a source.
Thus BN has seized the initiative to draw up a working formula with Hindraf and HRP.
A crucial meeting between Waythamoorthy and BN agents could take place again in Singapore soon.

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15 foreign masseuses held at reflexology centre

JOHOR BARU: Fifteen foreign female masseuses were detained in a raid at a traditional reflexology centre in Jalan Pingai, Taman Pelangi here last week. Of the 15 women, eight of…

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JOHOR BARU: Fifteen foreign female masseuses were detained in a raid at a traditional reflexology centre in Jalan Pingai, Taman Pelangi here last week. Of the 15 women, eight of them were believed to be victims of a human trafficking syndicate.

The eight, seven Cambodians and an Indonesian, between the ages of 18 and 20, were believed to have been brought into the country legally under the pretext of securing jobs in factories.
The raid was conducted by a team from the Federal Police Anti-Vice, Gaming and Secret Societies (D7) division following a tip-off.

     Let me tell this as it is – as it should be told rather then the above media headlines which seems to tell us that PDRM is on top of everything. In this matter what they are on top off is open to conjecture. I want to say here categorically that 90% of these “reflexology centre” in this country are fronts for prostitution. Full stop!

     Let us take Jalan Bukit Bintang. The massage centers, SPA, reflexology centers on that street and on the side street running off Jalan Bukit Bintang are centers for prostitution. The Massage Center at the Federal Hotel – a center for prostitution that not only has the vice squad officers on a monthly retainer but also entertains them on a need basis – not their needs but PDRM needs. This massage center is confident enough to have Malay girls on their premises without fear of being raided by PDRM or the religious authorities.

     You can see the cars carrying these ladies of the evenings to and fro along these streets delivering them to the various hotels and massage parlors for them to do their “business” and their business is prostitution!  Chinese from China, Cambodians, Thai, Burmese’s, Indons, Russians – for a price they can all be got in Jalan Bukit Bintang.

     Stake out the back of Federal Hotel – the road between the Hotel and the Bowling alley – and you see the activities of these pimps with their females. Gone are the days when only Protons were exclusively used (a fact that Mahathir would have approved – the use of Proton I mean!) – but no longer because Proton cars die too soon though you do see them sometimes – but there is no denying the existence of these pimps and their charges – and where are the Police? Where are the Federal Police Anti-Vice and D7 officers?

     I am accusing them of complicity  - if not all of them then the majority of them. Of complicity in ensuring that not only do the trade in these females flourish but it also stays beyond the reach of the law and religious authorities. Are you telling me that PDRM is not aware of these activities? That the IPK Selangor situated in the heart of things – in front of the Pudu Jail -  is totally ignorant of this lucrative business in Bukit Bintang?

     I tell you that they are in cahoots with the heavenly kings that control this trade. I tell you that the senior officers are receiving monthly retainers to turn a blind eye for amounts of Ringgits that would tempt many of us to want to join PDRM in droves. I tell you that this rot snakes itself from the lowest ranked constable to whoever is needed to ensure that the trade continues to thrive.

     As Sgt Schultz of Hogan Heroes said”

“Shoud it ever happen again I will report you to your superior officer and then to his superior officer and even to his superior officer. I will report it all the way up until it comes back to me and if I ever report it to myself…you are going to be in trouble!”
(Please refer to the above Sgt Schultz clip for more info!)

So all bases have to be covered and it starts with complicity at the highest level in PDRM.

     Where should PDRM start if they want to clean up Bukit Bintang from these activities? Pick any of these establishments. Any one of them and do a stake out in the open. Just place a police patrol car out front or at the back entrance.  Take photos of anyone visiting. That will stop all the customers from frequenting these places. When the customers stops coming – the business closes. The girls have no jobs and they will have to go back to Thailand, Cambodia, Burma, Indonesia – wherever they came from. No worries about them not being able to leave just because they have overstayed. A system already exists between them and Immigration to allow them to leave anytime they want once they have paid what the immigration officers wants to allow them to leave our country without any hassle….see how accommodating immigration can be when there is something in it for them on a personal level!

     So Mr. IGP – are you denying that you and your officer turn a blind eye to these activities? The public who frequent Bukit Bintang can see what is happening. The Public does not have to stake out any establishment. They do not have to spend hours investigating what is going on  - it is there in front of their eyes! Is PDRM idea of passive containment for mutual gain?

     I am not even going to write about Jalan Chow Kit ! If you cannot manage Bukit Bintang then let us just pretend that the drugs dealing and the flesh trade in Chow Kit does not exists. Let us just pretend that all is good in that part of town. But do not think that we do so because we are heeding your demand that we leave PDRM in peace to do their job.

     Why IGP are you telling us to let a sleeping tiger alone? That PDRM is the sleeping tiger? Huh! You stand up and talk your head off about us doing what PDRM wants us to do. You go on and on about PDRM being maligned and bad mouth by the public. Mr IGP Tan Sri Sir you choose to not see what your officers are doing. We cannot because we are at the receiving end of it all. We bear the brunt of your PDRM thugs pushing their weight around in order to line up their pockets. Your constable on the beat have to work hard for their share of our money because after all their officers are getting monthly pay-off of up to $20K to $30K a month in Bukit Bintang alone. And these are not figures I pick out of the air. Go to IPK Selangor and see for yourself what car your officer drives, what car their wives drives – and just for the fun of it – search the pockets of each and everyone in that IPK building and see what you get! 

    So much corruption. So much abuse of power. So much complicity in c   rimes with the criminal elements of Kuala Lumpur. And so many of your officers involved. …and you wonder why we look upon PDRM with contempt and disgust? 

Read more at: http://steadyaku-steadyaku-husseinhamid.blogspot.com/2010/05/prostitution-source-of-income-for-pdrm.html

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Switch off your telly Friday

The 528 Media Action Group, Writers’ Alliance for Media Independence (Wami), Centre for Independent Journalism (CIJ) and civil rights committee of KL-Selangor Chinese Assembly Hall cordially invite members of the…

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The 528 Media Action Group, Writers’ Alliance for Media Independence (Wami), Centre for Independent Journalism (CIJ) and civil rights committee of KL-Selangor Chinese Assembly Hall cordially invite members of the public to switch off their TV sets for an hour on Friday (May 28), 8pm-9pm and to refrain from buying newspapers that day.

Members of the public are also invited to instead join the ‘Malam Tak Nak Potong 528’ at 8pm at KLSCAH for a special night of performance and screening of censored stuff.


Some of the ‘potong’ stuff: Amir Muhammad’s ‘18MP’ video, Sharon Chin’s ‘Banned Books and Other Monsters’ exhibition, Chou Z Lam's Bakun documentary, Pusat Komas’s ‘Selepas Tsunami’ video, and exhibitions of Liew Teck Leong’s ‘Pull Out: Printing Presses and Publications Act 1984’, Lim Sow Seng’s ‘Lonely KL Press’, Zunar's ‘Gedung Kartun’ publication and Wong Eng Leong’s ‘Heaven of Demons’.

There will also be thought-provoking artworks by Fahmi Reza, Five Arts Centre, Tan Hui Koon, Chai Chang Hwang, Satu Hulu Action Group and Teh Hong Seng.

A highlight of the event is the commemoration of the 9th anniversary of 528 – i.e. MCA’s takeover of Nanyang Press Holdings – for which the organisers would like to openly invite National Union of Journalists (NUJ) president Norila Daud, the Group Managing Director of Sinchew Media Group Liew Chen Chuan, all journalists, editors and citizens of Klang Valley, to participate in a symbolic action of abolishing the infamous Printing Presses and Publications Act by removing a nail each from the ‘Pull Out: Printing Presses and Publications Act 1984’ artwork.

May 3 is World Press Freedom Day and the entire month of May is usually treated as press freedom month. In Malaysia, the relevance of this day was brought to the fore by exposés of two cases of self-censorship in TV stations, one after the other.

May 28 is another significant date for press freedom in Malaysia, marking the fall of Chinese dailies under Nanyang Press Holdings in 2001 when they were taken over by MCA through its investment arm Huaren Holdings. From then onwards, the freedom of the mainstream media to report as they saw fit has been deteriorating further, as reflected when current Prime Minister Najib Abdul Razak tightened executive control over the media during the Hulu Selangor and Sibu by-elections.

It is distressing to note that in both the ntv7 and RTM cases, the by-election was cited as the excuse for abandoning discussion of current affairs.

Press release issued by 528 Media Action Group et al.

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Who qualifies as a syariah lawyer?

thenutgraph.com

Can non-Muslims practise in the
syariah courts?LAWYER Victoria Jayaseelee Martin made headlines in mid May with her quest to…

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thenutgraph.com

Can non-Muslims practise in the
syariah courts?LAWYER Victoria Jayaseelee Martin made headlines in mid May with her quest to be admitted as a syariah lawyer in the Federal Territory. The Federal Territory Islamic Religious Council had refused admission to Martin because she was not a Muslim. On 14 May 2010, she was granted leave to have the council's decision reviewed by the High Court.
Martin's case raises interesting questions. Can a non-Muslim practise in the syariah courts? Is there anything in civil or Islamic law that prevents this? If so, what are the principles governing this restriction and are they constitutional?
Applying syariah law 
Syariah lawyer Saadiah Din says there is no basis for restricting non-Muslim lawyers from practising in the syariah court, pointing out that non-Muslims practise in the Singapore syariah courts.
"Islam doesn't prohibit non-Muslims from appearing in the syariah court," she tells The Nut Graph.
"The syariah court is a court of law. It applies Islamic law, which is universal. If non-Muslim lawyers can submit to the syariah court's jurisdiction and argue based on Islamic principles, there should be no problems in them practising syariah law," she says.

Haris IbrahimShe adds that many family law provisions under syariah law are in fact similar to those in civil law because the underlying principles are universal. For example, in a custody case in either a civil or syariah court, a child's welfare would be paramount, she says.
Lawyer Haris Ibrahim agrees, saying: "The syariah court practices syariah law. It is not dependent on faith." he says.
What is more important, he argues, is for syariah lawyers to have the requisite academic knowledge and expertise. "For example, Dr Patricia Martinez is a renowned authority on Islam and syariah law. Wouldn't she be an asset in the syariah court?"
Malaysian Syariah Lawyers Association president Mohd Isa Abd Ralip, however, disagrees. "Syarie lawyers must be Muslim because syariah courts are different from the civil courts," he says in a phone interview.

The president of Malaysian Syariah Lawyers Association believes syariah lawyers must
have a belief in the Quran and hadith (© The People Speak | Flickr)

Mohd Isa argues that syariah lawyers must know more than just Islamic law and procedure. "They must also know the Quran, hadith and hukum syarak. To deal with this, they must have a belief in God. How can [non-Muslim lawyers] bring a case in the syariah court if they don't believe in the Quran and hadith?" Isa asks.
Legal discrimination? 
Isa says the Peguam Syarie Principles clearly states that it is a condition that syariah lawyers must be Muslim. He says although there is no provision under the parent Administration of Islamic Law (Federal Territories) Act 1993, the Act allows the council to make rules for the appointment of syariah lawyers.

Shad SaleemConstitutional law expert Prof Datuk Dr Shad Saleem Faruqi, however, states that there may be constitutional grounds to argue that the council cannot bar non-Muslims lawyers on the grounds of religion alone.
He cites Article 8 of the Federal Constitution which prohibits discrimination on the ground of religion only and also in the administration of any law related to the conduct of any profession.  "Article 8(5) permits differentiation in the issue of personal law, but I do not think that appearing in court is covered by that exception," says Shad Saleem in a phone interview.
Shad Saleem adds that the issue should also be seen from the viewpoint of the parties involved in a syariah case who must be given equal protection under the law. "If there are cases such as S Shamala or M Moorthy, where a non-Muslim faces their family life being destroyed, they should have a right to the counsel of their choice," Shad Saleem says.
Isa, however, refutes the suggestion that the Peguam Syarie Principles may contravene the constitution, arguing that syariah law falls under state, not federal, jurisdiction. "Under the state list, the constitution gives power to the state to make their laws, including those governing syariah lawyers."
Isa agrees that litigants should have the right to select their counsel of choice. But he stresses that the first requirement of becoming a syariah lawyer is to be a Muslim. "So they can choose any lawyer they want, as long as the lawyer is Muslim."
Disingenuous? 
But are non-Muslims being disingenuous by seeking rights to practise in the syariah courts while refusing to appear in the syariah court and submit to its jurisdiction in cases such as Shamala's?
Haris says both issues are separate and must not be confused. "Non-Muslim lawyers practising in the syariah court will not enlarge its jurisdiction. Non-Muslim [litigants] would still not be able to appear."
Lawyer K Shanmuga, who represented R Subashini and Mohan Singh's family, explains that that is because the Federal Constitution restricts the syariah courts' jurisdiction to only persons professing Islam.

Non-Muslims must submit to the syariah court's jurisdiction, but cannot be syariah lawyers?
(Ortaköy Mosque pic source: morguefile.com)

Additionally, Shanmuga argues that the Malaysian Syariah Lawyers Association is the one being disingenuous. "It says non-Muslims cannot be (syariah) lawyers, [but it] has also previously claimed that non-Muslim spouses must submit to the syariah court's jurisdiction!"
Islamic state 
Shad Saleem says if Malaysia were a fully Islamic state, syariah would be applied extensively. And in some areas such as criminal law, it would apply to everyone, Muslim and non-Muslim alike.
"If non-Muslims lawyers are not allowed in the syariah courts, we'd have to come to the conclusion that in any criminal case, non-Muslims cannot argue a case. I don't think that's the intention at all. In an Islamic state with the syariah extensively applied, I don't think there's any such rule that only Muslims can argue in syariah courts," he says.
He notes that while there may be no clear cut position on the matter, the law should be interpreted sympathetically. "We should embrace with open arms anyone who wishes to learn other religions and become an expert in it and try to assist justice," says Shad Saleem. "I think justice is something anyone can try to assist in."

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Proposal for a Parliamentary Caucus on Crime and Security to help Hishammuddin and Police to restore to Malaysians their fundamental rights – safe neighbourhoods, safe streets, safe homes and safe schools

by Lim Kit Siang,

In the past two weeks, the Home Minister Datuk Seri Hishammuddin Hussein kept reminding the country that the street crime rate and the crime index have…

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by Lim Kit Siang,

In the past two weeks, the Home Minister Datuk Seri Hishammuddin Hussein kept reminding the country that the street crime rate and the crime index have fallen by 39% and 15% respectively in the first quarter of the year, well beyond the 20% and 5% target set by the end of the year.

For the first quarter of last year 9,984 cases were reported while during the same period this year it went down to 6,158 cases.
Hishammuddin’s statement was repeated in a major local newspaper today.

There should be a sense of joy and relief that Malaysia is becoming a safer country, which is not only a fundamental right of Malaysian citizens and the most basic duty of any competent government in a civilized society, but also important in enhancing our international competitiveness to attract foreign investments so that Malaysia can take the quantum leap to escape the decade-long middle-income trap to become a developed high income country.

However, such a national sense of relief and joy is distinctly missing in public response and reaction to Hishammuddin’s repeated announcements in the past fortnight of a sharp drop of street crime rate and crime index in the first quarter of the year – to the extent that Hishamuddin’s announcement had to be repeated in a major national daily today.

Why is this so?

Malaysians are not niggardly in according praises when they are due and I have no doubt that Malaysians will not be stingy in singing praises for the police if they now feel safe and secure, for themselves and their loved ones as well as their property, whether in the streets, public places or the privacy of their homes.

The reason why such praises are absent is very simple – there is no national sense of joy or relief despite Hishamuddin’s repeated announcements of police statistics of the crime National Key Result Area (NKRA) of the Government Transformation Programme (GTP) for the simple reason that Malaysians do not feel that they have now safer cities, safer streets and safer homes.

In recent months, whether to influence police crime statistics or otherwise, there appears to be a reluctance on the part of the police to receive police reports. In my visit to Tawau early this month, I was told of a case where the police told a robbery victim that he need not lodge a report until the robber had been caught.

When Hishammuddin first became Home Minister last April, he commissioned opinion polls on the Home Ministry official website, which came out with three findings:
?

*97% or 9,729 out of 10,060 respondents felt unsafe because of the high crime rate, with only 1% or 89 respondents felt safe and 2% or 242 respondents in the “uncertain” category.

? *95% or 8,883 out of 9,319 respondents felt that the safety of the people was not guaranteed as compared to 3% or 248 respondents who felt it was still guaranteed, with 2% or 188 respondents in the “uncertain” category.

? *94% or 8,743 out of 9,261 respondents felt that government had not done its best to ensure that the safety of the people was at the best level with 2% or 185 respondents felt that the government had done its best, and 4% or 333 persons “uncertain”.
Hishammuddin “rubbished” these findings when I asked him in Parliament.

If the Home Minister himself refuses to accept the validity of the opinion polls conducted by the Home Ministry’s official website, why should Hishammuddin expect Malaysians to accept at face value his statistics that the street crime rate and the crime index have fallen by 39% and 15% respectively in the first quarter of the year, particularly when Malaysians do not feel comparatively safer as compared to last year?

One eloquent index whether Malaysia is becoming a safer country is whether there is mushrooming or reduction in the number of private guarded-and-gated communities, where Malaysians have to be burdened with an additional expenditure to have safer neighbourhoods when this is basic law-and-order responsibility of the Police and Government.

Now Malaysians have woken up to another shock – that on top unsafe cities, unsafe neighbourhoods, unsafe streets, unsafe homes, there is now unsafe schools as revealed by a recent Star expose on a “terror school” in Rawang where school gangs in the secondary school make it hell for the 3,000 students, together with the shocking revelation of the case of a 14-year-old girl being repeatedly raped by several of her classmates in various locations of the school over a three-week period.

The time has come for the formation of a Parliamentary Caucus on Crime and Security to help Hishammuddin and the Police to restore to Malaysians their fundamental rights – safe neighbourhoods, safe streets, safe homes and safe schools.

I will make this proposal when a Parliamentary Roundtable on Democratic Policing is held.

I will discuss the idea of a Pakatan Rakyat initiative to convene a Parliamentary Roundtable on Democratic Policing with Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim and PAS President Datuk Seri Hadi Awang when I attend the Parti Keadilan Rakyat Congress in Kota Baru on Saturday.

It is timely that another Parliamentary Roundtable on Democratic Policing be held, dealing not only with the current public concerns about the alarming rate of trigger-happy police shootings and fatalities, like the 14-year-old Aminulrasyhid Amzah in Shah Alam on April 26 and 18-year-old Mohd Afham Arin in Johore Bahru in October last year, but also to revisit the Dzaiddin Police Royal Commission Report 2005 and its 125 recommendations to create an efficient, incorruptible, professional world-class police service.

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Palanivel Will Take Over From Me In 2011 - Samy Vellu

KUALA LUMPUR, May 26 (Bernama) -- MIC President Datuk Seri S Samy Vellu Wednesday said his deputy Senator Datuk G. Palanivel would replace him, on or before…

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KUALA LUMPUR, May 26 (Bernama) -- MIC President Datuk Seri S Samy Vellu Wednesday said his deputy Senator Datuk G. Palanivel would replace him, on or before September 2011.

Samy Vellu said vice president Datuk Dr S. Subramaniam who is also the Human Resources Minister would take over as deputy president Datuk S.K. Devamany and Datuk M. Saravanan would remain as vice presidents.

"He (Palanivel) will take over as the acting MIC president when I leave and will have about nine months to carry out the duties of the president. He will have numerous opportunities to meet grassroots leaders in an effort to become more popular," he said during an exclusive question and answer session on TV3 moderated by Executive Director, News and Editorial Operations for Media Prima Berhad Datuk Ahmad A. Talib.

He said Palanivel who was recently appointed Senator would have enough time to prepare himself for the presidential election in March 2012, said Samy Vellu who had held the position for 31 years since taking over from the late V. Manickavasagam.

When asked whether he was confident that Palanivel would be able to fill in his shoes, Samy Vellu said he had confidence in his deputy's capabilities but would offer advise from time to time, if required.

"I will not open my mouth after handing over the presidency because a former president must not keep on talking after handing over the responsibilities. I will only play an adviser's role," he said.

Asked to comment on efforts by expelled former MIC deputy Youth Chief V. Mugilan to oust him from the post through "Gerak Anti-Samy" movement, Samy Vellu said "We will see how far he can go".

"Let them do what they want because he (Mugilan) is no more in MIC. His bad intention will not be a loss to the party - it will be a mere show," he said.

I was elected to the post by branch and division leaders last year to lead the party for another three years and my term ends on May 21, 2012 and they have are going against the party constitution by questioning the process of democracy," he said.

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I am what I believe

  The Sun
by Aston Paiva

MALAYSIA has seen a fair share of cases involving religion. These include cases of people wanting to convert out of a religion, bodies being…

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  The Sun
by Aston Paiva

MALAYSIA has seen a fair share of cases involving religion. These include cases of people wanting to convert out of a religion, bodies being taken by religious authorities for burial and citizens being charged with spreading “deviationist teachings”.

FREEDOM OF RELIGION

Article 11 of the Federal Constitution states that every person has the “right to profess and practise his religion”. But what does that mean? What is “to profess”? And what is “to practise”?

The word “profess” is often associated with religion. The Shorter Oxford English Dictionary defines “profess” as “to affirm, or declare one’s faith in or allegiance to (a religion, principle, God or saint, etc.)”. I think this is a good definition. Other synonyms of the word in a number of dictionaries include “claim”, “acknowledge”, “state”, “avow”, “assert”, “annunciate”, “enunciate”, “aver”, “pronounce” and “announce”.

A few things can be derived from these definitions:

> I determine my own religious views;

> No one else defines my religious views; and

> I am free to believe in what I want to believe in.

It is therefore my opinion that for someone to renounce her religion, following the Federal Constitution, she merely has to make an open declaration of that fact, so long as that declaration is meant seriously, with free will and has not been retracted.

So if I were to ask a person: “What do you profess?” – and he says: “There is no God but Allah, and Muhammad is His Messenger” – he would be a Muslim. 

To me, Freedom of Religion and Article 11 is as simple as that. It is what that person says she is – not what other people say she should be.

An individual shapes her thoughts which determine her beliefs, while her conscience directs her life. Any action compelling her to believe in a certain religion whether through administrative red tape (for example by denying her the right to change her religion on her identification card) or whether through force (for example by putting her in a “religious rehabilitation centre” to indoctrinate her), would be a violation of her freedom of religion.

What about “practice”? It is a distinctive word that is also related to religion. “Practice” would reasonably mean a manifestation of what one professes; it is the actions that arise from one’s beliefs. It is the manner in which you worship, your prayers, the rituals you perform; how you celebrate birth and how you mourn death. It is the aspect of your life that exists because of your faith.

In my opinion, in the event one does not declare his religion, we can ascertain what religion he adopts by considering his “practice”. If we see him convert to a new faith, that is sufficient to indicate that he has left his previous religion and his open declaration of faith will be unnecessary.

DEFINITION OF A "MUSLIM"

In Malaysia, the Federal Constitution only defines who a “Malay” person is in Article 160. The constitution does not define who is a “Muslim”.

It is nonetheless stated within the Ninth Schedule, List II of the constitution that Islamic Laws are only to apply to “persons professing the religion of Islam”.

A “Muslim” is instead defined by the Administration of Islamic Law (Federal Territories) Act 1993 (and all other state enactments) in Section 2 as (a) a person who professes the religion of Islam;
(b) a person either or both of whose parents were, at the time of the person’s birth, Muslims; (c) a person whose upbringing was conducted on the basis that he was a Muslim; (d) a person who has converted to Islam; (e) a person who is commonly reputed to be a Muslim; or (f) a person who is shown to have stated, in circumstances in which he was bound by law to state the truth, that he was a Muslim.

A cursory reading of the definitions would show that provisions (b) - (f) are not in line with the constitution. Provisions (b) - (f) hinders a person in professing the religion she wants to by labelling her a “Muslim” based on circumstances that are beyond her control, for example by her parents’ religion, her upbringing and the perception of others. These provisions also seek to bar her from thinking, contemplating and changing her mind on her religious world view.

Your religion and beliefs cannot be determined by someone else arbitrarily. It can only be determined by you. Nobody knows you better than yourself. Nobody has the right to force you to believe in something you do not want to. It would be interfering with your individuality, your uniqueness and your freedom.

LINA JOY

The present position in Malaysia since the Federal Court case of Lina Joy is that a Muslim wanting to leave the religion has to get a syariah court order. In some states, it is a syariah criminal offence to be an apostate. Why should a person be compelled to face imprisonment or a fine in order to leave the religion?

This matter can easily be resolved by state governments enacting clear provisions to enable people to convert out of Islam without any restrictions. This used to be the case in Malaysia, for instance by Section 146(2) of the now repealed Perak Administration of Muslim Law Enactment 1965 which allowed a person to state to the syariah court that he had decided to leave the religion, and the court must make a declaration of it. Some states used to maintain a register for those “converting out” – a purely administrative task.

Profession of religion in Malaysia is a question of fact. It is a constitutional issue and a matter for the individual’s conscience.

This nation can only progress if its citizens learn to inculcate a culture of understanding, pluralism and broadmindedness.


ASTON PAIVA is a member of the Constitutional Law Committee, Bar Council Malaysia (http://www.malaysianbar.org.my/constitutional_law_committee/). The views expressed in this article are personal to the writer and may not necessarily represent the position of the Bar Council. Please visit http://www.perlembagaanku.com for more information and to download the Rakyat Guides and the Rakyat Service Advertisements. If you are interested in collaborating with us or to obtain hard copies of our Rakyat Guides, please drop us an email at perlembagaanku@gmail.com. Follow us also on http://www.facebook.com/MyConstitution, http://twitter.com/MyConsti and http://www.youtube.com/user/PerlembagaanKu

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Samy Vellu

Police shootings: Kit Siang moots Parliamentary roundtable. But not when victims are Indians.

My one time mentor who had sowed the seeds in my mind, heart and soul not to be blind supporters of the UMNO regime and to fearlessly question their atrocities…

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My one time mentor who had sowed the seeds in my mind, heart and soul not to be blind supporters of the UMNO regime and to fearlessly question their atrocities is by no other than the most senior opposition leader Lim Kit Siang when way back in 1979 I read his book Time Bombs in Malaysia. This seed even led to my 514 days of ISA detention.
But today I regret to say that Lim Kit Siang is no more my hero because I now realize that like the UMNO regime he has been and is choosing to champion race based causes, populist issues, gallery issues, issues that appeal to 92% of the  Malaysian population ie the Malays, Chinese and natives and issues which are “news worthy”, ie, again issues that appeal to the aforesaid 92%, problems concerning the Indians however serious, grave or unjust are merely given token or cursory attention by not only Lim Kit Siang but also Dato Seri Anwar Ibrahim and Dato Seri Hadi Awang as they are not politically rewarding. Why it is not politically rewarding is because the Indian population forms a mere 8% of the Malaysian population but are disproportionately plagued with 200% problems and maybe deemed to be a political liability.
Never mind the most serious and grave pain, suffering, hardships, injustices this community faces on a day to day basis as reported in HYPERLINK “http://www.humanrightspartymalaysia.com”www.humanrightspartymalaysia.com and never faced by any other community in Malaysia.
But all this in the name of pseudo-democracy and pseudo multi-racial politics or pure political opportunism.
To us UMNO’s racism and supremacy has over the last 53 years also spilled over to the DAP, PKR and PAS top leadership. Would Lim Guan Eng have served 18 months jail for an Indian girl? Like what he did for the 15 year old Malay girl allegedly raped by a former Malacca Chief Minister or any other Indian victim under the UMNO regime?
This very same “our” Lim Guan Eng almost immediately upon ascending the Penang throne in collaboration with UMNO tore down Kg. Buah Pala, the last traditional Indian village in Penang.
To add insult to injury “our” very own DAP even bent backwards at lightning speed granted the adjoining land to the developer, had used Chinese gangsters, Penang Enforcement officers and the UMNO police to tear down the last two remaining cow sheds belonging to the poor Indians in Kg Buah Pala. Murugan (40s) not able to digest this DAP’s injustices even suffered a heart attack and prematurely passed away. But does DAP care? Do they even know?
And neither was alternative land given to these cowherds from the 1,033 sq km of land in Penang. In particular the families who fought against this DAP demolishment up to date have been denied the very much publicised double storey houses. Where is the promised Hindu temple and the community hall?
This is how vindictive the DAP has become against even the Indian poor. DAP is more blameworthy than UMNO because especially Lim Kit Siang and Lim Guan Eng themselves have been victims of injustices themselves but today have joined forces with the UMNO regime and further oppressing the already injured and wounded Indian poor.
DAP, PKR and PAS has taken a leaf from UMNO and is continuing with the Indian DCM II Exco, ADUN and MP mandore politics. This cannot be the change they promised in the 2008 general elections.
The latest case in point is in today’s The Star 26/5/10 at page N24 “Kit Siang to propose another roundtable” and Malaysiakini on 25/5/10. “Police shootings: DAP moots parliamentary roundtable” after Aminulrasyid and Mohd Afram Arin were fatally shot dead by the police and the shooting of Sharil Azlan Kamil.
Over the last many years hundreds of Indians have been shot dead by the police. The last being the gunning down of five Indians in Kulim last year, five Indians in Klang in November 2009 including three from just one family and the sister of the fourth victim committing suicide as she could not bear the pain of her brother having been shot dead by the police.
And Seetha’s four young children who were also given paraquat somehow survived but are very likely to face medical problems in the near future. DAP, PAS and PKR leaders did not bother. No funds were collected for these young children like what was rightly done for Teoh Beng Hock’s wife and new born baby. Why? Why PKR, DAP and PAS does not cares for these children? Because they were Indians?  Little needs to be said about the level of championing also by PKR, DAP and PAS and the media attention they draw for weeks for Teoh Beng Hock and Aminulrasyid. But never the same for especially the aforesaid victims.
The latest is the shooting dead of the two Taiping brothers by the police and actually witnessed by at least three eyewitnesses.
But Lim Kit Siang was then never moved to move a Parliamentary Roundtable meeting. Why? The victims were merely Indians? NO or very little political capital to be “harvested”? Or never mind, the victims are merely the Indians! Kugan’s case may have been the exception as it was at about the peak of the Hindraf struggle.
It is a pity that racism has been brought down to this disgraceful level in Malaysia If only Lim Kit Siang, Anwar Ibrahim and Hadi Awang had also spoken up, for especially the Indian poor, the pain and suffering, blood, sweat, tears and misery of hundreds of thousands of Indians would have been spared if not saved.
Even now it is not too late. Better late than never. While UMNO has oppressed, suppressed and repressed especially the poor Indians by commission over the last 53 years, the DAP, PKR and PAS top leadership has passively contributed by their omission.
It appears plain and obvious that the only thing PKR, DAP and PAS wants from the Indians is only their votes and not their problems.
But we are not prepared to beg for Justice. We will fight for Justice.
P.Uthayakumar

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SABAHANS MUST UNITE TO RESTORE SABAH’S RIGHTS

PRESS STATEMENT BY
DATUK DR JEFFREY G. KITINGAN
President of CigMa (Common Interest Group Malaysia)
President of Borneo Heritage Foundation (BHF)
Kota Kinabalu, Sabah 23-5-2010

KOTA KINABALU: It is neither…

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PRESS STATEMENT BY
DATUK DR JEFFREY G. KITINGAN
President of CigMa (Common Interest Group Malaysia)
President of Borneo Heritage Foundation (BHF)
Kota Kinabalu, Sabah 23-5-2010

KOTA KINABALU: It is neither enough to dismiss Prof Ranjit’s view as merely academic, nor to accept something that Sabahans do not agree (ie constitutional amendments).
Sabahans and Sabahan leaders irrespective of their political affiliations must unite and act in unison when it comes to common interest for Sabah, said Datuk Dr Jeffrey Kitingan in a statement here today over Prof Ranjit views on Malaysia Agreement.
Dr Jeffrey, who had just returned from Harvest Festival in Kalimantan Barat at the invitation of its Governor, said that while he disagrees with Prof Rranjit’s view on the position of Sabah and Sarawak vis-a-vis with the other states, there were some truth in his statement about the manner how Sabah being governed, that is through proxies, and I should say “traitors” of Sabah rights as well.
The facts of history are; One, that we Sabah, Sarawak, Malaya and Singapore formed Malaysia as equal partners with equal powers and status.Two, Malaysia is formed through a MERGER and NOT A TAKE OVER OF ONE PARTY BY ANOTHER. Three, Malaysia was to be a new Federation, and not a unitary system. Four, Sabah and Sarawak shall not be equivalent in status with the existing states within Malaya because Sabah dan Sarawak were equal partners and it was Malaya who signed the Malaysia Agreement not the individual states. Five, Sabah and Sarawak would retain their individualities and would have special right and autonomy as outlined by the 20 Points / 18 Points. These are the facts of history.
Of course there were a few problems with this arrangement, a) the Federation of equal partnership has been created but there already exist the Federation of Malaya with 11 States; this means that the Malaysia was going to be a two-tier Federation. b) How the new Federation of equal partner going to relate and function with the 11 States whose status were not equivalent to that of Singapore, Sabah and Sarawak? We must remember Singapore even had its own Prime Minister, and Sabah and Sarawak has this proposal too in the original 20 Points.
The Federal Government at that time realised this complexities and took the easy way out by 1)kicking Singapore out of the Federation, and 2) changing the Federal Constitution and even unilaterally changing the concept of Malaysia of what it is today, that is a neo-federation that has become unitary rather that a true federation which what Prof Ranjit has been talking about.
It is here the true colonial intention of Malaya was subsequently revealed by the subjugation of Sabah through the federal power-play for example one, the bringing down the CM of Sarawak Stephen Kalong Ningkan, and CM of Sabah, Donald Stephens and, two, by increasing the number of MP seats by more than 70 seats in favour of Peninsular in 1973/74 and then eventually amending the Federal Constitution.
It is unfair to say that amendment of the Federal Constitution and the downgrading of Sabah and Sarawak was with our voluntary consent as suggested by Masidi Manjun.
Sabahan leaders were simply overpowered and bullied into submission because they were naïve and unprepared and subjugated by the condescending Federal leaders as shown by the example of the Ningkan and Donald, and the many-many ISA arrests within our political history.
Can we say that these amendments are really what we wanted, or what the leaders wanted or what Sabahans wanted? Are we saying that the leaders wanted to erode our own rights and special positions to our own disadvantage? Are we saying that we are stupid to do that? I don’t think so but it is because of the overwhelming power of the Federal that resulted this to happen.
Look to what Dr Mahathir did to Sabah for example when he was bringing UMNO to Sabah. The Federal Government, under Dr Mahathir, was using every means to weaken the democratically-elected Government ie the use of ACA, police, internal revenue and everything.
Dr Mahathir made it sensitive even to mention the name 20 Points, and anyone raising it is arrested. He introduced the two-year rotation system which is not in our Constitution, he recruited foreign voters and gave them MyKad through Projek Mahatir to maintain power and even changed the election boundaries in order to increase the so-called Malay seats, and then eventually took over the government.
If this is what Prof Ranjit means of a permanent solution, is this a really solution I dun think so it has brought more wrongs than good, after almost of 20 years of UMNO rule, and after 1994 when all political parties joined BN to support UMNO including PBS what have we got? We got more problems, including increase in illegal immigrants, leading to more insecurities to the state of Sabah and maybe even a potential reverse takeover.
UMNO and this Semenanjung formula has also resulted in Sabah completely being subjugated to UMNO and Malaya. There is now more poverty than before in Sabah, Sabah has the highest poverty rate and is the second poorest state in the nation.
Despite the billions of ringgits being poured into Sabah, Sabah is still the least developed state according to the Ninth Malaysia Development Composite Index. There is more land grabs and the native are increasingly marginalized because their rights are ignored and they have become poorer.
If this is what Prof Ranjt say as permanent solution than I don’t think this is what Sabahans wanted. We have right to disagree and we want to change the situation, the only permanent solution to me is to restore Sabah’s autonomy back and to leave Sabah political parties to manage Sabah politics, Sarawak politics to be managed by Sarawak and Semenanjung by Semenanjung parties , and then to form a coalition at federal level.
This can only happen if Sabahans and Sabah leader are united in making a stand and acting together to restore our rights. We cannot accept the present situation because Sabah current leaders are acting as proxies and UMNO being the dominant is the one who calls shots in Sabah for instances on deciding who should be the CM, how many seats to be contested by BN parties, how to govern, how many new seats to be created etc.
I think Sabah have realized this but they have no courage to change the situation. It is us the ordinary Sabahans who must change. We must act together from now on…
DATUK DR JEFFREY G. KITINGAN
019-8505005

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UMNO: RM 600 billion worth construction projects, Indians get zero contracts.

(See UM 26/5/2010 at page 21).
At best the Indians get the sub, sub sub or sub sub sub projects and contract.
Even for this sub sub sub the hardworking…

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(See UM 26/5/2010 at page 21).
At best the Indians get the sub, sub sub or sub sub sub projects and contract.
Even for this sub sub sub the hardworking Indian workhorses’ blood and sweat, they are forced to give out to the mere rent seeker malay muslims free money up to the tune of 80% of profits they were supposed to make. UMNOs’s case is that the Indians have to be grateful for the “peanuts” they make out of these RM 600 billion. UMNO’s case and ably aided and abetted by their MIC mandores is at least they get to drive a proton car and should be grateful!
And when we question this height of UMNO racism they are quick to point out to Tan Sri Ananda Krishnan, Tan Sri Gnanalingam and Dato Tony Fernandez are among the supposedly top 20 Billionaires in Malaysia. In reality they are merely proxies for top UMNO corporate figures.
Their tax they pay to the Income Tax alone (tax exemption) if disbursed to the Indian poor would solve half the Indian problems. They cannot because they are merely the UMNO mandore proxies, to create the illusion of Billionaire Indians having benefitted from these RM 600 billion contracts and projects etc.
P. Uthayakumar

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UMNO: Bail out Maika Holdings for RM 26 per share and like Mara place under PM’s department

 
In 1981, PNB was given a government loan of RM 200 million loan and within 30 years it has been granted the best and the cream of the investment…

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In 1981, PNB was given a government loan of RM 200 million loan and within 30 years it has been granted the best and the cream of the investment opportunities, mega billions of government projects and tenders and thus it’s 38,000% rise in 30 years to RM 76 billion in 2008 and benefitting 8.9 million malay muslims.
But when it comes to especially the Indian poor, they have been given peanuts Telecoms shares, deliberately allowed room for alleged mismanagement as an UMNO political strategy made it into a 53 year old Indian political problem and kept the Indian poor’s attention away from the real culprit, ie UMNO.
We now call upon the UMNO led Malay-sian government to forthwith bail out Maika Holdings at RM 26 per share as Renong, MAS, Perwaja Steel, BMF Multi Purpose Holdings, Syarikat Perkapalan Negara, etc, were bailed out.
Further like Mara (SH 10/5/2010 at page N8) it should be put under the Prime Minister’s Department instead of pushing it back to the MIC mandores and the UMNO puppet corporate Tan Sri Indian mandore.
This would protect the 66,000 poor Indian share holders long term interest like PNB protecting the interest of the Malay muslims.
But UMNO would never do this as their Prime Minister Najib Razak’s One Malaysia policy in actual fact really means One Malay-sia and with the intention of keeping the poor Indians poor or making them poorer so that the Malays will always remain the Masters, tuans and the Indians their Coolies.
P. Uthayakumar

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“Police force man to be jailed in return for wife to be acquitted”

(See NST 20/5/2010 at page 24)
History repeats itself. Way back in 1994 in my second year of legal practice this very same set of facts happened.
The husband Roslan…

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(See NST 20/5/2010 at page 24)
History repeats itself. Way back in 1994 in my second year of legal practice this very same set of facts happened.
The husband Roslan was arrested with his wife Siti (not their real names) from their home in Selayang for drug trafficking.
It disturbs me right up to this date the scene of this young mother breast feeding her little baby in one corner of the court room when brought in for remand proceedings while her hands were still handcuffed.
In fact this incident was one of the main reasons why we had formed the NGO PoliceWatch and Human Rights Committee in 1999, the predecessor platform NGO to what is now more popularly known as Hindraf which was formed in 2006 with the body snatching case of Everest Moorthy, allegedly a muslim convert which even his legal wife was not aware of.
Now coming back to this arm twisting Polis Raja Di Malaysia enforcement of law and order we were later made to understand that Roslan was forced to plead guilty to a lesser charge of drug possession and not drug trafficking which carries a mandatory death sentence “in exchange” for his wife being released.
And even right up to day, history repeats itself with Md Zian Mat Yaman (46) similarly pleading guilty and being sentenced to seven years jail and 10 strokes of the rotan “in exchange” for his wife Rohani Mamat (37) being released.
What ‘summary” justice in a criminal prosecution? By use of arm twisting, the police force know that this couple do not have the money to engage lawyers or cannot raise the bail money, if not denied bail. What choice would this couple and hundreds if not thousands of others have?
Again what disturbs me in this administration of law and order is that while these couples may be the mere runners, the real top level drug lords and even their top brass policemen “profit sharing partners’ get away scot free.
While the police and the Attorney General’s illusionary wayang kulit, the real criminal drug lords and their cover the top brass policemen are on the loose. And the drug trade continues to this day.
And to add insult to injury the obsolete Inspector General of Police Tan Sri Musa Hassan is today trying to tell us stories of a mere 34 police personnel being taken “token” action against (BH 20/5/10 at page 8). (Four) Cops charged with accepting bribes” (NST 20/5/2010 at page 2) and “Criminals more violent now, says top cop" (NST 20/5/2010 at page 6).
And to create the impression that even 15 policemen had been shot dead or stabbed by criminals in the line of duty the obsolete IGP lumps this 15 cops story with others being run over. All these wayang kulit police stories in one day! We have monitored newsreports of policemen who had died in accidents in their live of duty. We have rarely read of policemen being shot dead by criminals.
The IGP should reveal the real figures and the real stories.
P. Uthayakumar

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