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Thursday 24 October 2013

‘I am still puzzled over the ban’

Author K Arumugam is baffled by the Federal Court's decision to maintain the ban on his book, March 8, stating that it is a move backwards for 'freedom of expression'.

PETALING JAYA: The author of March 8, a Tamil book on the Kampung Medan race riots in 2001, K Arumugam is puzzled over the Federal Court decision to maintain the ban on his book published in 2006.

The book centres on the violent clashes that took place between the Malay and Indian communities in Kampung Medan, Selangor on March 8, 2001.

“Even now, I am puzzled over the ban. It is a simple book with basic logical arguments without any element of fiction. It is based on a PhD thesis by S Nagarajan,” said K Arumugam who is also Suaram director, via e-mail.

Yesterday, a five member panel at the Federal Court led by Federal Court judge Ahmad Maarop dismissed Arumugam’s leave of application to review a ban on his book.

The decison to dismiss the application was made unanimously, without costs, by the panel of judges which included – Hasan Lah, Zaleha Zahari, Jeffrey Tan Kok Wha and Ramly Ali.

Arumugam was represented by lawyers Edmund Bon and Fahri Azzat whereas the government was represented by Shamsul Bol Hassan.

The Home Ministry banned the book on Nov 26, 2006 on the grounds that it was prejudicial to national security.

Arumugam first challenged the Home Ministry’s decision by filing a judicial review application at the Kuala Lumpur High Court on July 10, 2007.

On Feb 2010, the High Court dismissed his application to quash the ban. The case was raised at the Appeals Court on Aug 6, 2012 and again the ban was upheld.

Arumugam added that the Federal Court decision was against freedom of expression.

Citing the case of a book titled “Muslim Women and the Challenge of Islamic Extremism”, published in 2005 by the women’s rights group, Sisters in Islam (SIS), Arumugam said the Federal Court had agreed with the Appeals Court and maintained that the Home Ministry had erred in its decision to ban the book.

“The federal court allowed the leave application for the SIS case. Dismissing mine is a step backward for freedom of expression and due process of law.

“The decision is not one where the court judiciously exploited grounds of appeal advanced by my counsel,” said Arumugam.

Cowardice action

He criticised the Home Ministry’s decision to ban the book as an act to protect the authorities from being embarrassed for failing to maintain peace during the incident.

“Banning the book is a cowardice action to protect the executive from being exposed for the failure of the police and security forces.

“They (authorities) are supposed to protect the innocent Indians during the ethnic violence in which victims were Indians and attackers were Malays,” said Arumugam.

He added that he will consider selling his books abroad. He has printed 5,000 copies and sold over 3,000 copies prior to the ban.

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