Thursday, 23 January 2014
Stop Cow Slaughter in Bharat. Mammoth Protest against Morba Slaughterhouse by 25,000 Hindus.
STOP COW SLAUGHTER AND SLAUGHTER HOUSES IN BHARAT. VANDE GOMATARAM.
‘I will not leave Raigad till Morba slaughter-house is demolished !’ – Vow taken by Jain-Muni Pujya Vinamrasagarji Maharaj.
Mammoth protest against Morba slaughterhouse by 25,000 Hindus.
Pujya Muniji addressed a huge gathering of 25,000 Hindu people. Shiv Sena MP, Anant Gite, MLA from Mahad, Shri. Bharat sheth Gogavale, Shiv Sena Raigad District – President, Shri. Baban dada Patil, BJP’s Shri. Atul Bhatkhalkar, its Raigad District – President, Shri. Balasaheb Patil, ‘Morba slaughter-house Demolition Committee’s President, Shri. Vijayraj ji Khule, office – bearer, Shri. Anil Chopra and VHP’s Konkan regional President, advocate Deepak Gaikwad shared the dais with Maharaj.
Shri. Khule said on the occasion, “The stay order passed by District Collector and District Superintendent is only a short impediment; but the issue will be considered as ended only after demolition of slaughter-house. Guardian Minister, Sunil Tatkare has today told the reporters that slaughter-house would not be allowed to come up; but if he had made the same statement 8 days back, so much of manpower and money spent for organizing this protest march, could have been saved.
Advocate Deepak Gaikwad said that the company constructing slaughter-house has even deceived the Government. The Administration has done its job honestly; but the slaughter house has come up due to pressurization tactics used by politicians. There was a need to take prompt action against the slaughter-house by demolishing the same.
District Administration issues notice to slaughter-house under Section 45 !
The District Administration took note of agitation against Morba slaughter-house issuing a notice to this slaughter-house under Section 45; but this notice was not accepted; therefore, the Regional officer stuck its copy on the wall of slaughter-house doing ‘Panchanama’. The slaughter-house will have to present its side by 18th February.
Courtesy: HJS.
‘I will not leave Raigad till Morba slaughter-house is demolished !’ – Vow taken by Jain-Muni Pujya Vinamrasagarji Maharaj.
Mammoth protest against Morba slaughterhouse by 25,000 Hindus.
- Resolve to set up ‘Gou-raksha Samiti’ in every village in Raigad !
- Appeal to people to vote for such party that shows guts to demolish Morba slaughter-house !
- Total ‘Bandh’ observed in Raigad !
Pujya Muniji addressed a huge gathering of 25,000 Hindu people. Shiv Sena MP, Anant Gite, MLA from Mahad, Shri. Bharat sheth Gogavale, Shiv Sena Raigad District – President, Shri. Baban dada Patil, BJP’s Shri. Atul Bhatkhalkar, its Raigad District – President, Shri. Balasaheb Patil, ‘Morba slaughter-house Demolition Committee’s President, Shri. Vijayraj ji Khule, office – bearer, Shri. Anil Chopra and VHP’s Konkan regional President, advocate Deepak Gaikwad shared the dais with Maharaj.
Shri. Khule said on the occasion, “The stay order passed by District Collector and District Superintendent is only a short impediment; but the issue will be considered as ended only after demolition of slaughter-house. Guardian Minister, Sunil Tatkare has today told the reporters that slaughter-house would not be allowed to come up; but if he had made the same statement 8 days back, so much of manpower and money spent for organizing this protest march, could have been saved.
Advocate Deepak Gaikwad said that the company constructing slaughter-house has even deceived the Government. The Administration has done its job honestly; but the slaughter house has come up due to pressurization tactics used by politicians. There was a need to take prompt action against the slaughter-house by demolishing the same.
District Administration issues notice to slaughter-house under Section 45 !
The District Administration took note of agitation against Morba slaughter-house issuing a notice to this slaughter-house under Section 45; but this notice was not accepted; therefore, the Regional officer stuck its copy on the wall of slaughter-house doing ‘Panchanama’. The slaughter-house will have to present its side by 18th February.
Courtesy: HJS.
Labels:
India
Free within days, the extremist plotting UK Mumbai-style attack: Fanatic who attended training camp with July 21 bombers will have controls lifted to protect human rights
- Unnamed plotter was put under a Terrorism Prevention Investigation Measure which includes a tag and strict curfew for the public's protection
- Order will be lifted under new rules to protect terror suspects' human rights
- Security Services say there's 'a real risk' he will seek to revive his plans to undertake attacks in the UK once the order is revoked
An Islamist fanatic will be freed from anti-terror controls within days despite being ‘determined’ to carry out a Mumbai-style attack in Britain.
The extremist attended a terror training camp in Cumbria with four of the five attempted suicide bombers involved in the London attacks of July 21, 2005.
He repeatedly tried to buy guns in what was suspected as a plot to carry out a mass-casualty attack in the UK, and has also travelled to Syria for ‘training’.
The plotter, known only as ‘CD’, was put under a Terrorism Prevention Investigation Measure (T-PIM) – including a tag and strict curfew – to protect the public in January 2012.
Security services believe the unnamed Islamic
fanatic will revive his plans to carry out an attack in the UK similar
to the one in the Chatrapathi Sivaji railway station in Mumbai in 2012
He has a number of associates in London ‘in connection with the attempted purchase of firearms’ and officials say that he would be able to quickly buy weapons.
But the order will be lifted on Sunday under rules introduced to protect the ‘human rights’ of terror suspects.
This is despite a judge ruling that the man has been trained in terrorism and that his ‘views and determination are unchanged’.
CD is one of six fanatics who are due to be released from their T-PIMS by the end of this month.
They also include a would-be suicide bomber involved in the liquid bomb plot to murder thousands
by blowing up seven transatlantic planes. Experts estimate the total bill for MI5 and the police to keep tabs on the six suspects once their T-PIM restrictions are lifted could reach £20million a year.
The cases will be raised in the Commons today by Labour’s shadow home secretary, Yvette Cooper.
She has attacked her Tory counterpart, Theresa May, for axing Labour’s control order regime and replacing it with the weaker T-PIMS.
Miss Cooper said: ‘Her decision to weaken terror controls means suspects described by the courts as highly dangerous only a year ago will now face no restrictions.’
Home Office officials insist that, to comply with Labour’s Human Rights Act, there was no option but to weaken the rules.
Under the old control order regime, there was no fixed time limit on how long a suspect could be monitored.
But the orders were repeatedly challenged in the courts under the Human Rights Act, with terror suspects claiming their right to liberty, a fair trial and a family life had been infringed. These cases led to the introduction of T-PIMS, which have a two-year time limit.
Believing that a terror suspect remains determined to carry out an attack in the UK is not sufficient for an order to be renewed after two years. There must be new evidence.
Labour, which has obtained new court papers relating to the threat posed by CD and his fellow fanatics, said the T-PIMS regime had left ministers with their hands tied.
The court papers on CD, who is guaranteed lifelong anonymity to protect his rights, show he was identified by the Security Service as a leading figure in a network of Islamist extremists based in London.
In 2004, he attended meetings organised by the jailed fanatic Mohammed Hamid and has attended at least one of Hamid’s terrorist training camps in Cumbria.
In 2006, he had extremist training in Syria before returning to London in 2009, where he was ‘involved in planning a terrorist attack on the UK, probably involving firearms’.
When his T-PIM was renewed a year ago, the judge said: ‘There remains a network. His views and determination are unchanged.’ In November 2008, Islamic terrorists killed 164 people in 12 co-ordinated shooting and bombing attacks across Mumbai, India’s biggest city.
Last night, Security Minister James Brokenshire said: ‘The police and Security Service have been working for some time to put tailored plans in place to manage the risk posed by these individuals once their T-PIM restrictions are removed.’
18 dead in blast targeting pilgrims' buses in Mastung
A suicide blast tore through two pilgrims’ buses on Tuesday evening near Dareen Garh area of Mastung, Balochistan, killing at least 18 and injuring over 40, reported Express News.
The two buses were part of a convoy carrying 103 pilgrims, including women and children, who were returning from Iran.
Police officer Faran Ali told The Express Tribune that at least 12 dead bodies and 13 injured were shifted to Quetta from Mastung. Ambulances were sent from Quetta to retrieve the dead bodies and injured and transferred to the Combined Military Hospital (CMH).
“I saw at least ten dead bodies and many injured lying in a pool of blood. The bus caught fire after the explosion,” said Arif, who sustained injuries in the attack.
Severe firing is reported to have taken place following the blast. Soon after the blast, security officials cordoned off the area.
An official of the bomb disposal squad confirmed that it was a suicide bomb attack.
“We have declared state of emergency at CMH, Provincial Sandeman Hospital and Bolan Medical Complex Teaching Hospital (BMC),” DIG police Quetta Mohammed Jaffar said.
A bomb disposal squad has also been summoned at the spot.
Majlis Wahdat-e-Muslimeen has declared three days of mourning for the victims of the blast.
Earlier, on January 1, a bomb blast targeted a passenger bus carrying Shia pilgrims from Taftan, a town in Balochistan bordering with Iran.
The blast had killed two people and left 31 injured.
Similarly, in October 2013, A car bomb hit a Frontier Corps (FC) van escorting a bus of Shia pilgrims in Dringarh, Mastung, killing two soldiers.
Frontier Corps and Balochistan Levies convoys were escorting five passenger buses of Shia pilgrims on the highway when they found a suspected car parked on the road.
“The buses were stopped from proceeding and two FC personnel got off and went near to search the car. As they got closer to the car, a huge explosion took place killing both on the spot,” Assistant Commissioner Mastung Shafqat Anwar told The Express Tribune.
After increasing number of attacks on Shia pilgrims, security on Quetta-Taftan highway was beefed up and the buses carrying Shia pilgrims were escorted by FC and Balochistan Levies personnel.
A large number of Shia pilgrims go to Iran to visit the sacred places through Quetta and most of them travel on passenger buses. Balochistan provincial government held a high level meeting to devise a security plan ahead of Muharam to foil any possible terrorism attempts in Quetta and national highways.
Pope tweets backing for huge US anti-abortion rally
Pope Francis has used Twitter to back an annual anti-abortion rally, the March for Life, which is
expected to draw tens of thousands of activists to Washington on Wednesday.
"I join the March for Life in Washington with my prayers. May God help us respect all life, especially the most vulnerable," he said on his Twitter account in a message that was quickly re-tweeted thousands of times.
The Argentinian-born pontiff has some 11.5 million followers on his Twitter account in several languages, @pontifex.
The Washington rally is one of the key events of the pro-life movement in the United States, where abortion is one of the most polarising issues in politics.
Earlier this month, Francis called abortion "horrific", using some of the strongest language on the issue since his election last March.
Francis alarmed some conservatives last September with comments in an interview with a Jesuit magazine suggesting the Church should shake off an "obsession" with such divisive issues as abortion, contraception and homosexuality. - Reuters, January 22, 2014.
expected to draw tens of thousands of activists to Washington on Wednesday.
"I join the March for Life in Washington with my prayers. May God help us respect all life, especially the most vulnerable," he said on his Twitter account in a message that was quickly re-tweeted thousands of times.
The Argentinian-born pontiff has some 11.5 million followers on his Twitter account in several languages, @pontifex.
The Washington rally is one of the key events of the pro-life movement in the United States, where abortion is one of the most polarising issues in politics.
Earlier this month, Francis called abortion "horrific", using some of the strongest language on the issue since his election last March.
Francis alarmed some conservatives last September with comments in an interview with a Jesuit magazine suggesting the Church should shake off an "obsession" with such divisive issues as abortion, contraception and homosexuality. - Reuters, January 22, 2014.
New Beverly Hills attraction - 'Riza Villa'
This is an 11,500 sq ft mansion overlooking West Hollywood, sold to him for US$17.5 million (RM58.21 million) in September 2010.
The area is popular with star-gazing tourists in tour buses because of its high density of celebrity residents.
Sarawak Report said it visited the site to find that the original mansion has been demolished and that a new one is being built, complete with what looks to be a "very large" swimming pool being dug in the front yard.
"Reliable insiders have confirmed that the rebuilding will cost several million more dollars than the original asking price, bringing the cost of the property up towards the sort of price that Riza (far left) recently paid for the US$33.5 million property that we revealed he had bought in New York in 2012.
The report states that the mansion is registered to a company named 912 North Hillcrest Road (BH) LLC in Delaware.
"However, the company which performs a private business and wealth management role for Mr Aziz - Nigro Karlin Segal Feldstein & Boino - confirmed the property is his," it reads.
Sarawak Report said Riza is currently staying in the penthouse of one of Hollywood's priciest apartment blocks.
"We visited the brand new, plush building, which advertises itself as Hollywood’s most sought- after address,” reads the report.
"The apartments come with full concierge service and expensive cars are lined up by the valet service outside.”
Source of funds
Sarawak Report had earlier questioned how Riza, who had a six-year stint as a banker in London before embarking in a movie-making career, could afford such luxuries and fund expensive movies.
Riza and his partner Joey McFarland had formed Red Granite Pictures which has produced the blockbuster ‘The Wolf of Wall Street’. However, it is banned in Malaysia due to its portrayal of drug use and sex.
Red Granite's lawyers have threatened to take legal action against Sarawak Report for allegedly insinuating that the film was funded through dubious means.
In an interview with Hollywood Reporter, Aziz said he had taken a break from banking in 2008 and travelled the world before becoming involved in showbiz.
He also said he has invested money in Red Granite and that he is backed by a group of investors "mainly from the Middle East and Asia".
Labels:
Rosmah
Mother refused child custody
A single mother of five claims welfare home Ti-Ratana in Desa Petaling, refuse to return her two biological daughters back.
Kuala Lumpur: A single mother of five cries foul and claims that welfare home Ti-Ratana in Desa Petaling is refusing to return her two biological daughters back into her custody.
Beramalah Devi, 40, in a press conference held at the KL & Selangor Chinese Assembly Hall (KLSCAH) today, said that she had made numerous attempts to reclaim her daughters from the welfare home.
Beramalah had left her daughters to the welfare home’s care in 2010, after her husband Tan Kok Cheong passed away and she was financially incapable of raising the two girls, Tham Ee Ching, 15 and Tham Yee Leng, 9 on her own.
After getting a better job and becoming financially stable, she approached the welfare home in Dec 2013 seeking custody. However, Ti-Ratana refused to allow her daughters to be with her, she alleged.
According to Beramalah’s lawyer M Visvanathan, she had lodged seven police reports against the welfare home but to date no action has been taken by the police authorities.
On Jan 20, a demand letter had been given to the welfare home demanding they release Beramalah’s daughters to her within 24 hours.
“I find the way Ti-Ratana is holding onto the children as unlawful and they must be returned back to the mother without any further delay,” said Visvanathan.
Visvanathan expressed his disappointment that a home being run based on Buddhist principles could be involved in such an act.
Beramalah claims that her two daughters have not been sent to school since beginning of the year and on January 21, she received a warning letter from the school regarding her daughter’s absence records.
Meanwhile when FMT contacted Ti-Ratana, it’s spokesperson Kelvin Ooi said that the matter had been referred to their lawyer and necessary steps have been taken.
An attempt to check with Ti-Ratana’s lawyer who declined to be named, refused to comment.
Malaysian Tamil Today, national secretary K Gunasekaran spoke to FMT after the press conference and advised that Beramalah be taken to meet with the respective police district chiefs for their views on the matter and to seek police co-operation on the seven police reports made earlier.
Kuala Lumpur: A single mother of five cries foul and claims that welfare home Ti-Ratana in Desa Petaling is refusing to return her two biological daughters back into her custody.
Beramalah Devi, 40, in a press conference held at the KL & Selangor Chinese Assembly Hall (KLSCAH) today, said that she had made numerous attempts to reclaim her daughters from the welfare home.
Beramalah had left her daughters to the welfare home’s care in 2010, after her husband Tan Kok Cheong passed away and she was financially incapable of raising the two girls, Tham Ee Ching, 15 and Tham Yee Leng, 9 on her own.
After getting a better job and becoming financially stable, she approached the welfare home in Dec 2013 seeking custody. However, Ti-Ratana refused to allow her daughters to be with her, she alleged.
According to Beramalah’s lawyer M Visvanathan, she had lodged seven police reports against the welfare home but to date no action has been taken by the police authorities.
On Jan 20, a demand letter had been given to the welfare home demanding they release Beramalah’s daughters to her within 24 hours.
“I find the way Ti-Ratana is holding onto the children as unlawful and they must be returned back to the mother without any further delay,” said Visvanathan.
Visvanathan expressed his disappointment that a home being run based on Buddhist principles could be involved in such an act.
Beramalah claims that her two daughters have not been sent to school since beginning of the year and on January 21, she received a warning letter from the school regarding her daughter’s absence records.
Meanwhile when FMT contacted Ti-Ratana, it’s spokesperson Kelvin Ooi said that the matter had been referred to their lawyer and necessary steps have been taken.
An attempt to check with Ti-Ratana’s lawyer who declined to be named, refused to comment.
Malaysian Tamil Today, national secretary K Gunasekaran spoke to FMT after the press conference and advised that Beramalah be taken to meet with the respective police district chiefs for their views on the matter and to seek police co-operation on the seven police reports made earlier.
Labels:
Malaysian Indians,
Women
Pakistani cleric slams “ignorant” Allah ruling
Pakistani Muslim cleric Younos AlGohar says the Court of Appeal ruling on the use of 'Allah' by non-Muslims implies that there is another creator.
PETALING JAYA: A Pakistani Muslim cleric Younos AlGohar said the Malaysian Appeals Court decision that the word ‘Allah’ is exclusively for Muslims, is syirik.
“The Malaysian court said, don’t use the word Allah. It is our God. Use your God’s name. This sentence is syirik,” said Younos, the co-founder of Messiah Foundation International in a 16:12 minute video recording by Alra TV.
“When you say this, you mean you believe that there is another God? Can you understand how ignorant and short sighted they are?
“It is deplorable and condemnable,” he said.
Younos who currently resides in Manchester, UK, gave his view of the Court of Appeal judgment prohibiting Catholic weekly, The Herald, from using the word Allah in reference to God in its Bahasa Malaysia section.
The decision was made in mid-October 2013 by three judges – Federal Court judge Mohamed Apandi Ali and Appeals Court judges Mohd Zawawi Salleh and Abdul Aziz Abdul Rahim.
The unanimous decision was made by them on the grounds that the word Allah is not an integral part of the Malaysian Christian’s faith.
Zawawi said that usage of the word Allah would only serve to confuse the Christians as well as the Muslims due to the Trinity concept practiced in Christianity.
The judge had also said that Christian Bibles in the Indonesian, Middle Eastern and Malay languages had erred by using Allah when referring to God in the Bible.
Younos however said that the judgment only served to show that “Muslims today do not have any understanding of the Quran”.
“It is so clear that the word Allah can be used by any human being just because everyone is the creation of Allah.
“There is no other creator. So why must you ban people of other religion from using God’s name?” he said.
He criticised the three judges and the authorities as being “highly ignorant, shortsighted and prejudiced.”
Wrong mentality
In November 2013, Selangor Sultan Sharafuddin Idris Shah decreed that ‘Allah’ could not be used by non-Muslims in the state.
Recently, various states have also started to enforce respective state enactments barring non-Muslims from using ‘Allah’ and a list of other Arabic words deemed to be Islamic.
This led to more than 300 translated Malay and Iban bibles being seized by the Selangor Religious Department (Jais) from the Bible Society of Malaysia (BSM) premises on Jan 2, 2014.
Younos said the judgment is a form of “tyranny” and represents the wrong mentality of Muslims worldwide.
He added that the perception of some Muslims that Allah is equivalent to the Muslim god is untrue.
“Putting limitations on God to be God for Muslims is wrong.
“Arabic is not the Islamic language. Some people who are ignorant think that it is the language of paradise,” said the cleric.
He explained that the reason the Quran was revealed in Arabic was because it was the language that Prophet Muhammad understood.
“Allah is referred to as God to all mankind. This is personified in the term ‘Rabb al-Amin’ instead of Rabb al-Muslimin (God to Muslims),” he explained.
Not the first to condemn the judgment, Younos is joined by others, including the American Muslim theologian Reza Aslan who described the Malaysian court judgment as “a tragedy”.
An appeal has been filed against this judgment and the Federal Court is scheduled to hear the leave application next month.
PETALING JAYA: A Pakistani Muslim cleric Younos AlGohar said the Malaysian Appeals Court decision that the word ‘Allah’ is exclusively for Muslims, is syirik.
“The Malaysian court said, don’t use the word Allah. It is our God. Use your God’s name. This sentence is syirik,” said Younos, the co-founder of Messiah Foundation International in a 16:12 minute video recording by Alra TV.
“When you say this, you mean you believe that there is another God? Can you understand how ignorant and short sighted they are?
“It is deplorable and condemnable,” he said.
Younos who currently resides in Manchester, UK, gave his view of the Court of Appeal judgment prohibiting Catholic weekly, The Herald, from using the word Allah in reference to God in its Bahasa Malaysia section.
The decision was made in mid-October 2013 by three judges – Federal Court judge Mohamed Apandi Ali and Appeals Court judges Mohd Zawawi Salleh and Abdul Aziz Abdul Rahim.
The unanimous decision was made by them on the grounds that the word Allah is not an integral part of the Malaysian Christian’s faith.
Zawawi said that usage of the word Allah would only serve to confuse the Christians as well as the Muslims due to the Trinity concept practiced in Christianity.
The judge had also said that Christian Bibles in the Indonesian, Middle Eastern and Malay languages had erred by using Allah when referring to God in the Bible.
Younos however said that the judgment only served to show that “Muslims today do not have any understanding of the Quran”.
“It is so clear that the word Allah can be used by any human being just because everyone is the creation of Allah.
“There is no other creator. So why must you ban people of other religion from using God’s name?” he said.
He criticised the three judges and the authorities as being “highly ignorant, shortsighted and prejudiced.”
Wrong mentality
In November 2013, Selangor Sultan Sharafuddin Idris Shah decreed that ‘Allah’ could not be used by non-Muslims in the state.
Recently, various states have also started to enforce respective state enactments barring non-Muslims from using ‘Allah’ and a list of other Arabic words deemed to be Islamic.
This led to more than 300 translated Malay and Iban bibles being seized by the Selangor Religious Department (Jais) from the Bible Society of Malaysia (BSM) premises on Jan 2, 2014.
Younos said the judgment is a form of “tyranny” and represents the wrong mentality of Muslims worldwide.
He added that the perception of some Muslims that Allah is equivalent to the Muslim god is untrue.
“Putting limitations on God to be God for Muslims is wrong.
“Arabic is not the Islamic language. Some people who are ignorant think that it is the language of paradise,” said the cleric.
He explained that the reason the Quran was revealed in Arabic was because it was the language that Prophet Muhammad understood.
“Allah is referred to as God to all mankind. This is personified in the term ‘Rabb al-Amin’ instead of Rabb al-Muslimin (God to Muslims),” he explained.
Not the first to condemn the judgment, Younos is joined by others, including the American Muslim theologian Reza Aslan who described the Malaysian court judgment as “a tragedy”.
An appeal has been filed against this judgment and the Federal Court is scheduled to hear the leave application next month.
Labels:
Allah issue
MCA ready to prosecute Umno man
MCA Youth questions the delay by the AG in prosecuting the assailant who had punched the Deputy Education Minister.
UPDATED
PETALING JAYA: The MCA Youth’s legal bureau today expressed regret over the delay by the Attorney-General’s Chamber in prosecuting the assailant of Deputy Education Minister P Kamalanathan, and said the bureau was willing to do the job on behalf of the AG’s Chambers.
The bureau chief Choo Wei Sern said in a statement today that it has been almost a week since the Selangor police chief Mohd Shukri Dahlan said the police has submitted the investigation papers on the incident to the AG’s Chambers, but to no avail.
In the Jan 12 incident, a teacher who was also the Hulu Selangor Umno Youth official, threw a punch at Kamalanathan during an event in Bukit Beruntung. The Umno official was believed to be dissatisfied with the deputy minister as his request to transfer his relative to Selangor was ignored.
“The AG’s Chambers ought to realise that justice delayed is justice denied.
“More so, in a high profile case like this which involves a deputy minister, the delay by AG’s Chambers will seriously impede public confidence in the AG’s Chambers.
“The chambers is seen to be deliberately delaying taking any action or worse, refusing to take action against the suspect merely because of his political affiliation and background,” he said.
Choo said should the AG’s Chambers fail to act, then it might as well appoint MCA’s group of lawyers under the Criminal Procedure Code to act as prosecutors on a pro bono basis to ensure justice is upheld.
“We believe this is the right cause to fight for, and this must be the very same cause the attorney-general fights for and carry out,” he said.
MIC: Don’t put pressure on the AG Chambers
In a related development, MIC’s legal advisor Selva Mookiah said the AG Chambers should be allowed to undertake its duties without pressure or interference from any parties.
While he appreciated MCA’s concern on the matter, he nevertheless cautioned the Chinese-based party from turning the incident into a “us versus them” scenario.
“The due process of the law must be observed at all times. The AG Chambers will need to evaluate the investigation papers in accordance with their procedures.
“I am absolutely confident with the AG Chambers and its processes. At this juncture, it is MIC’s position that physical attack should never be condoned, no matter what the grievances are.
“We cannot allow mob rule and on the same token the alleged perpetrator should not be punished without a thorough investigation. Let the AG Chambers undertake its duties without pressure or interference,” he added in a statement.
UPDATED
PETALING JAYA: The MCA Youth’s legal bureau today expressed regret over the delay by the Attorney-General’s Chamber in prosecuting the assailant of Deputy Education Minister P Kamalanathan, and said the bureau was willing to do the job on behalf of the AG’s Chambers.
The bureau chief Choo Wei Sern said in a statement today that it has been almost a week since the Selangor police chief Mohd Shukri Dahlan said the police has submitted the investigation papers on the incident to the AG’s Chambers, but to no avail.
In the Jan 12 incident, a teacher who was also the Hulu Selangor Umno Youth official, threw a punch at Kamalanathan during an event in Bukit Beruntung. The Umno official was believed to be dissatisfied with the deputy minister as his request to transfer his relative to Selangor was ignored.
“The AG’s Chambers ought to realise that justice delayed is justice denied.
“More so, in a high profile case like this which involves a deputy minister, the delay by AG’s Chambers will seriously impede public confidence in the AG’s Chambers.
“The chambers is seen to be deliberately delaying taking any action or worse, refusing to take action against the suspect merely because of his political affiliation and background,” he said.
Choo said should the AG’s Chambers fail to act, then it might as well appoint MCA’s group of lawyers under the Criminal Procedure Code to act as prosecutors on a pro bono basis to ensure justice is upheld.
“We believe this is the right cause to fight for, and this must be the very same cause the attorney-general fights for and carry out,” he said.
MIC: Don’t put pressure on the AG Chambers
In a related development, MIC’s legal advisor Selva Mookiah said the AG Chambers should be allowed to undertake its duties without pressure or interference from any parties.
While he appreciated MCA’s concern on the matter, he nevertheless cautioned the Chinese-based party from turning the incident into a “us versus them” scenario.
“The due process of the law must be observed at all times. The AG Chambers will need to evaluate the investigation papers in accordance with their procedures.
“I am absolutely confident with the AG Chambers and its processes. At this juncture, it is MIC’s position that physical attack should never be condoned, no matter what the grievances are.
“We cannot allow mob rule and on the same token the alleged perpetrator should not be punished without a thorough investigation. Let the AG Chambers undertake its duties without pressure or interference,” he added in a statement.
‘Don’t insult our King’
Umno and six NGOs lodge reports against Edmund Bon and a Facebook user for allegedly insulting the King.
KEPALA BATAS: The Umno division here and six other Malay organisations lodged seven police reports against lawyer Edmund Bon and a Facebook account holder for allegedly insulting the Yang di-Pertuan Agong and Malay rulers.
The complainants alleged that Bon and the unidentified administrator of Facebook page “Rejimen Anarki” had committed sedition by stating that non-Muslims were not bound by religious edicts (fatwa) issued by state rulers or the National Fatwa Council on issues concerning Islam.
Kepala Batas Umno division secretary Ahmad Darus, 44, led the NGOs in lodging the reports at 11am at the North Seberang Perai (SPU) district police station here.
The NGOs were Perkasa, Kelab Warisan (Keris), Malaysian Association for Youth Clubs (MAYC), Almuni 4B, SPU District Youth Council and Mimbar Permuafakatan Ibubapa Malaysia (Mapim) Penang.
They called on the police to investigate both Bon and the particular Facebook page administrator under the Sedition Act 1948 for instigating public hatred against Malay rulers.
They want the police to probe Bon’s intention in his press statement, which they had construed as disrespectful towards the King as the head of state as enshrined under the Federal Constitution.
“Police shall also probe to prevent any untoward incidents like racial tension and conflict,” said Ahmad.
Facebook user insulted Sultans
The complainants, with some 20 people, held a brief protest march outside the police station after lodging their reports.
They held placards which read: “Jangan Hina Raja Kami” (Don’t Insult Our King), “Kalimah Allah Hak Orang Islam” (The Word Allah Belongs To Muslims) and “Daulat Tuanku.”
Ahmad told newsmen later that statements issued by Bon and the Facebook page account holder incited Malaysians to hate and disrespect the King.
Bon had previously said that any fatwa by the religious councils does not apply to non-Muslims as it will violate their legal and religious right.
Ahmad alleged that Bon first released his press statement, which was subsequently posted in “Rejimen Anarki” Facebook page, on Jan 20.
A check on Facebook revealed that its administrator hailed from Skudai but is now residing in Senai, Johor.
Held for questioning
The administrator had posted a statement in his Facebook page today that he was picked up by the police at a restaurant and brought to a police station in Johor Bahru last night to record his statement.
At the police station, he said he was asked by the investigating officer on why he was so angry with the sultans.
“I said sultan is not god, sultan waste public money and live in luxury while lay public continue to live in poverty and being marginalised.
“Sultan sell people’s land while millions don’t have a home to live.
“Sultan receives VVIP and red carpet treatment, escorts, bodyguards etc for free while poor lay public continued to be marginalised, their land usurped, subsidies cut, their debts rising, mothers can’t buy milk for their children,” said the administrator in his posting.
He said the police then told him that “write down whatever is your dissatisfaction. After this, I don’t want to see your face again.”
The unknown administrator added in his posting that Article 10 of the Federal Constitution allowed freedom of speech and right to peaceful assembly in the country.
“People must realise that we have rights. Malaysia belongs to all of us, not to any individual or royal institution.
“If you were mistreated, you have to speak up. Is that wrong?” he asked in his posting.
KEPALA BATAS: The Umno division here and six other Malay organisations lodged seven police reports against lawyer Edmund Bon and a Facebook account holder for allegedly insulting the Yang di-Pertuan Agong and Malay rulers.
The complainants alleged that Bon and the unidentified administrator of Facebook page “Rejimen Anarki” had committed sedition by stating that non-Muslims were not bound by religious edicts (fatwa) issued by state rulers or the National Fatwa Council on issues concerning Islam.
Kepala Batas Umno division secretary Ahmad Darus, 44, led the NGOs in lodging the reports at 11am at the North Seberang Perai (SPU) district police station here.
The NGOs were Perkasa, Kelab Warisan (Keris), Malaysian Association for Youth Clubs (MAYC), Almuni 4B, SPU District Youth Council and Mimbar Permuafakatan Ibubapa Malaysia (Mapim) Penang.
They called on the police to investigate both Bon and the particular Facebook page administrator under the Sedition Act 1948 for instigating public hatred against Malay rulers.
They want the police to probe Bon’s intention in his press statement, which they had construed as disrespectful towards the King as the head of state as enshrined under the Federal Constitution.
“Police shall also probe to prevent any untoward incidents like racial tension and conflict,” said Ahmad.
Facebook user insulted Sultans
The complainants, with some 20 people, held a brief protest march outside the police station after lodging their reports.
They held placards which read: “Jangan Hina Raja Kami” (Don’t Insult Our King), “Kalimah Allah Hak Orang Islam” (The Word Allah Belongs To Muslims) and “Daulat Tuanku.”
Ahmad told newsmen later that statements issued by Bon and the Facebook page account holder incited Malaysians to hate and disrespect the King.
Bon had previously said that any fatwa by the religious councils does not apply to non-Muslims as it will violate their legal and religious right.
Ahmad alleged that Bon first released his press statement, which was subsequently posted in “Rejimen Anarki” Facebook page, on Jan 20.
A check on Facebook revealed that its administrator hailed from Skudai but is now residing in Senai, Johor.
Held for questioning
The administrator had posted a statement in his Facebook page today that he was picked up by the police at a restaurant and brought to a police station in Johor Bahru last night to record his statement.
At the police station, he said he was asked by the investigating officer on why he was so angry with the sultans.
“I said sultan is not god, sultan waste public money and live in luxury while lay public continue to live in poverty and being marginalised.
“Sultan sell people’s land while millions don’t have a home to live.
“Sultan receives VVIP and red carpet treatment, escorts, bodyguards etc for free while poor lay public continued to be marginalised, their land usurped, subsidies cut, their debts rising, mothers can’t buy milk for their children,” said the administrator in his posting.
He said the police then told him that “write down whatever is your dissatisfaction. After this, I don’t want to see your face again.”
The unknown administrator added in his posting that Article 10 of the Federal Constitution allowed freedom of speech and right to peaceful assembly in the country.
“People must realise that we have rights. Malaysia belongs to all of us, not to any individual or royal institution.
“If you were mistreated, you have to speak up. Is that wrong?” he asked in his posting.
Labels:
Rulers of Malaysia,
umno
Agong is not the head of Islam, says constitutional law expert
V. Anbalagan, TMI
Malaysia has no head of Islam and the Yang di-Pertuan Agong is only the head of religion in his own home state and in states without rulers, said a constitutional law expert.
Former International Islamic University Malaysia academic Dr Abdul Aziz Bari (pic) said the more appropriate platform to represent the rulers on religious issues is the Conference of Rulers.
“It appears that not all the rulers view the way of the Agong and the Sultan of Selangor,” Abdul Aziz said in a statement.
As such, he said the statement made by the Agong on the “Allah” issue last week had no effect.
“It may not even bind the Muslims as the resolution made by the National Fatwa Council in 1986, which was cited by the Agong in his address, has no legal standing,” he said.
On Sunday, the Yang di-Pertuan Agong Tuanku Abdul Halim Mu’adzam Shah had stated that several Arabic words, including “Allah”, were exclusive to Muslims.
The Agong, who is also the Kedah Sultan, cited a 1986 decree by the National Fatwa Council which prohibits non-Muslims from using the words.
In November, the Sultan of Selangor also said that non-Muslims in his state could not use the word.
The Agong is appointed on a five-year rotational basis among the nine Malay rulers and is head of the religion of his state, Sabah, Sarawak, Penang, Malacca and the Federal Territories.
Abdul Aziz said the rulers, despite being the head of religion, had no power to lay down the laws of Islam.
“Only the Holy Prophet has the power to do so. Even the companions and later the caliphs had no such power. The position of the rulers is inferior to that of the caliphs.
“In any case, only the laws of Islam that is contained in the constitution and the relevant legislation can be enforced,” he said.
Abdul Aziz also said the Agong’s statement was not quite in line with the 10-point solution agreed by the Federal Government in 2011.
The 10-point solution which was endorsed by the cabinet, among others, allowed Christians nationwide to use the AlKitab in their religious practices.
“The rulers have no effect on non-Muslims as the right to religious freedom is guaranteed in the Federal Constitution. No authority can tell non-Muslims how they should practise their religion.
“Even for the Muslims, it is for the religion itself to regulate how they should practise Islam,” he said.
He said the statement on the “Allah” issue may not even bind the Muslims as there was is no clear basis for it.
“In fact, some religious scholars such as Shaykh Yusuf al-Qaradawy had stated that it was fine for non-Muslims to use the name.”
Abdul Aziz said the Agong, in his performance of the religous functions, may not listen to the advice of Putrajaya and was this was in line with the way the Constitution stipulated how the rulers function as head of religion.
He said the duty to abide by the government's advice under Article 40 (1) of the Constitution is a general requirement.
"I do not think this includes the Agong's religious functions," he said.
Negeri Sembilan Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir, at his investiture ceremony in conjunction with his 66th birthday last week, urged Malaysian Muslims to respect each individual’s religion to avoid disharmony.
“In a Malaysian context, the Constitution has set Islam as the official religion of the country without hindering others to practise their own religions," Tuanku Muhriz had said.
“With that, I urge Malaysian Muslims to continue living in harmony with each other and ensuring respect is given to others who practise different religions.”
Tuanku Muhriz also called on leaders of every community to cast aside sentiments which can destroy the harmony the country is thriving in.
Abdul Aziz said that not many people knew that the White Paper which accompanied the Merdeka Constitution final draft stated that Jakim (Department of Islamic Development Malaysia) should be put under the Conference of Rulers.
"Now Jakim is being put as a unit under the Prime Minister's Department which I think is quite wrong," he said. – January 22, 2014.
Malaysia has no head of Islam and the Yang di-Pertuan Agong is only the head of religion in his own home state and in states without rulers, said a constitutional law expert.
Former International Islamic University Malaysia academic Dr Abdul Aziz Bari (pic) said the more appropriate platform to represent the rulers on religious issues is the Conference of Rulers.
“It appears that not all the rulers view the way of the Agong and the Sultan of Selangor,” Abdul Aziz said in a statement.
As such, he said the statement made by the Agong on the “Allah” issue last week had no effect.
“It may not even bind the Muslims as the resolution made by the National Fatwa Council in 1986, which was cited by the Agong in his address, has no legal standing,” he said.
On Sunday, the Yang di-Pertuan Agong Tuanku Abdul Halim Mu’adzam Shah had stated that several Arabic words, including “Allah”, were exclusive to Muslims.
The Agong, who is also the Kedah Sultan, cited a 1986 decree by the National Fatwa Council which prohibits non-Muslims from using the words.
In November, the Sultan of Selangor also said that non-Muslims in his state could not use the word.
The Agong is appointed on a five-year rotational basis among the nine Malay rulers and is head of the religion of his state, Sabah, Sarawak, Penang, Malacca and the Federal Territories.
Abdul Aziz said the rulers, despite being the head of religion, had no power to lay down the laws of Islam.
“Only the Holy Prophet has the power to do so. Even the companions and later the caliphs had no such power. The position of the rulers is inferior to that of the caliphs.
“In any case, only the laws of Islam that is contained in the constitution and the relevant legislation can be enforced,” he said.
Abdul Aziz also said the Agong’s statement was not quite in line with the 10-point solution agreed by the Federal Government in 2011.
The 10-point solution which was endorsed by the cabinet, among others, allowed Christians nationwide to use the AlKitab in their religious practices.
“The rulers have no effect on non-Muslims as the right to religious freedom is guaranteed in the Federal Constitution. No authority can tell non-Muslims how they should practise their religion.
“Even for the Muslims, it is for the religion itself to regulate how they should practise Islam,” he said.
He said the statement on the “Allah” issue may not even bind the Muslims as there was is no clear basis for it.
“In fact, some religious scholars such as Shaykh Yusuf al-Qaradawy had stated that it was fine for non-Muslims to use the name.”
Abdul Aziz said the Agong, in his performance of the religous functions, may not listen to the advice of Putrajaya and was this was in line with the way the Constitution stipulated how the rulers function as head of religion.
He said the duty to abide by the government's advice under Article 40 (1) of the Constitution is a general requirement.
"I do not think this includes the Agong's religious functions," he said.
Negeri Sembilan Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir, at his investiture ceremony in conjunction with his 66th birthday last week, urged Malaysian Muslims to respect each individual’s religion to avoid disharmony.
“In a Malaysian context, the Constitution has set Islam as the official religion of the country without hindering others to practise their own religions," Tuanku Muhriz had said.
“With that, I urge Malaysian Muslims to continue living in harmony with each other and ensuring respect is given to others who practise different religions.”
Tuanku Muhriz also called on leaders of every community to cast aside sentiments which can destroy the harmony the country is thriving in.
Abdul Aziz said that not many people knew that the White Paper which accompanied the Merdeka Constitution final draft stated that Jakim (Department of Islamic Development Malaysia) should be put under the Conference of Rulers.
"Now Jakim is being put as a unit under the Prime Minister's Department which I think is quite wrong," he said. – January 22, 2014.
Labels:
Federal Cons,
Rulers of Malaysia
Bumi dealers to government: Keep auto APs
By Joseph Sipalan, The Malay Mail
Bumiputera car dealers have asked Putrajaya to help keep their businesses afloat by maintaining the Approved Permit (AP) system, even as the government grapples with growing expectations to liberalise the country’s automotive industry.
The Malaysian Association of Malay Vehicle Importers and Traders (Pekema) said Putrajaya’s continued indecision over the status of the AP system has heightened concerns among its members over how their livelihood would be affected.
“We hope the govenment will continue with the AP system. Maybe review it, but keep it going,” Pekema president Datuk Zainuddin Abd Rahman told The Malay Mail Online when contacted.
When launching the revised National Automotive Policy (NAP) 2014 on Monday, International Trade and Industry Minister Datuk Seri Mustapa Mohamed said that the government has yet to come to a decision on the AP system, which allows permit holders to import cars, saying that a “thorough study” will be conducted after Chinese New Year.
Mustapa later denied that the government was “backtracking” on its decision to halt the AP policy — which is seen as largely benefiting a small section of the Bumiputera community — saying that Putrajaya had found the issue to be more “complicated” than it initially thought.
“We talk to AP people, they also crave employment, participation. We talk to other people, they talk about level playing field,” he said during a question and answer session with the media after unveiling the NAP 2014.
“For the moment, the AP policy remains, which is termination by 2015,” he said earlier.
When the NAP was reviewed in 2009, it was stated that open APs would be terminated by December 31, 2015, while franchise APs would be terminated by December 31, 2020.
Zainuddin said the NAP 2014’s focus on energy efficient vehicles (EEV) is a good move to deal with the rising cost of fossil fuels, but stressed that the government needs to work on reducing excise duties if local players are to remain competitive.
He said that overall car prices will continue to fall in the country, but those in the import business will be hard-pressed to match the lower prices if excise duties remain high.
“At the moment, prices (of imported cars) are a bit high due to the duties. We have asked MoF (Minsitry of FInance) to consider reducing import tax and excise duties.
“For new cars, the import duty is less now, so they should bring dow the used car duties also. The majority of dealers will die if the price remains… what about our cars?” Zainuddin said.
Mustapa had said in the NAP unveiling that the government will not slash excise duties for vehicles as yet, as it accounts for 75 per cent of its total tax collection for vehicles.
He noted, however, that Putrajaya could consider trimming the duties – which have been blamed for high car prices – if the country’s fiscal position is strong enough in the next few years.
The AP system was introduced as an extension of the New Economic Policy, an affirmative action policy that was implemented in 1970 to deal with the income disparity between the majority Malays and the economically strong Chinese community.
Bumiputera dealers hold the lion’s share of APs issued by the government, with open APs typically used to import used cars while franchise APs deal with new vehicles.
Yesterday, PKR lashed out at Putrajaya’s refusal to remove the AP system, saying that the government would not have to backtrack on the scheduled removal of the system if they had done a proper in-depth study beforehand.
”We are also disappointed with the recent flip-flop by BN to maintain the AP system on the excuse that more studies are needed.
”This is no more than an excuse to allow certain groups who are close to BN to gain ridiculous profits when the public continue to be burdened by high car prices,” PKR strategic director Rafizi Ramli and Selangor state assembly deputy Speaker Nik Nazmi Nik Ahmad said in a joint statement.
Labels:
AP
Why the stir over kangkung?
By Azmi Sharom, The Star
Things are being blown out of proportion over the issue with some viewing it through race-tinted glasses. Are they blind to the fact that the people who are annoyed at the kangkung remark are from all ethnic groups?
I DON’T like water morning glory a.k.a water spinach a.k.a kangkung. There’s a metallic tang to it that I find displeasing.
I much prefer kailan or bayam – the former fried with salted fish and the latter in a watery soup.
What has my taste in vegetables got to do with anything? Nothing really.
Just as the recent, rather humorous, jabs at the Prime Minister have nothing to do with his ethnicity.
It has plenty to do with his alleged insensitivity to the price hikes in the country (which affect every single Tan, Din and Harvin) and it has plenty to do with the fact that kangkung is funny (even its very name makes me giggle); but I can’t see where the Prime Minister’s ethnicity comes into play.
So, how is it racist?
I guess some people view the world through race-tinted glasses.
These are the people who are calling for a demonstration to defend the Prime Minister.
I must say their poster calling for participants in this demonstration looks very exciting.
It has a very macho-looking chap carrying not one but two parang and an equally macho call for all Malays to come out and defend their race, their king, their religion and who knows what else.
I am of course in favour of demonstrations and public protests; it is after all a fundamental right as guaranteed by Article 10 of the Constitution. But Article 10 also says, and rightly so, that any assembly must be peaceful and without arms.
This “Defend the PM” demonstration uses a poster with a chap carrying machetes. Aren’t machetes weapons? Are they asking people to bring their parang? Or is it just for dramatic artistic effect?
I am sure they will have a good explanation and surely the police should ask for it.
The Government has shown itself to be very sensitive to any symbols of violence. After all, the Registrar of Societies made a huge hue and cry about the fact that Parti Sosialis Malaysia used a closed fist for its party symbol.
A closed fist is violent, apparently. It conjures up images of pugilism, I guess.
But if a closed fist is violent, then isn’t a parang even more violent? Thus, I would be most surprised if the police do not swoop down on these organisers with the same vigour and energy that they use when swooping down on the organisers of other demonstrations.
For example, the anti-price-hike demo on New Year’s Eve was scrutinised and demonised by the cops because it was thought to be potentially dangerous.
The police even feared that there were going to be grenades in Merdeka Square.
The organisers did not say “bring grenades” and their posters did not have grenades on them but the cops wanted to be safe rather than sorry I suppose.
Therefore, I would expect nothing less from our men and women in blue than a complete and thorough investigation of people who actually have a weapon-wielding man on their invitation to a demo.
Especially in the light of several folks (again wearing those special spectacles) saying that this kangkung issue could lead to race riots.
Race riots? Because people are angry at price rises?
Are these people blind to the fact that the people who are annoyed at the kangkung remark are from all ethnic groups?
There is no racial issue here. The only racial issues are the ones being made up by the desperate people whose only pathetic claim to relevance depends on them making everything into a racial issue.
I don’t believe that Malaysians are going to fall for this idiocy. But having said that, a few may not care about reason and logic and all it takes is a handful to create trouble.
Surely a government maintaining the peace would seek these true trouble-makers out. Or do different rules apply? We’ll just have to wait and see.
> Azmi Sharom (azmisharom@yahoo.co.uk) is a law teacher. The views expressed are entirely the writer’s own.
Putrajaya’s appeal hits snag as cop acquitted of Altantuya murder goes missing
Putrajaya's appeal before the Federal Court in the high-profile murder of Altantuya Shaariibuu may have hit a snag as one of the two policemen acquitted of the crime has reportedly gone missing, say sources.
Corporal Sirul Azhar Umar walked out a free man after his appeal against the High Court conviction was set aside last August.
Since then, the policeman has not contacted his lead counsel Kamarul Hisham Kamaruddin, who represented him during trial and in the Court of Appeal, the sources said.
But Kamarul told The Malaysian Insider that he was still on record as representing Sirul in the Federal Court "until and unless notified on the contrary".
The lawyer declined comment when asked whether he had contacted Sirul or if the former policeman had contact the lawyer on instructions to retain him as counsel in the Federal Court.
However, lead counsel Datuk Azman Ahmad, who is appearing for Chief Inspector Azilah Hadri, said his client had given the nod to retain the same lawyers.
Azman said the Federal Court served him a copy of the public prosecutor's petition of appeal early this month.
Both Sirul and Azilah are still under suspension from the police force. They were previously commandos with Bukit Aman's Special Action Squad.
Lawyers well versed in criminal procedures said it was best for counsel to obtain consent from the client to determine if their services were still needed.
"Clients may want to change their lawyers and that is their right. Lawyers cannot assume that clients want to retain their services," said a counsel who declined to be identified.
Normally, a criminal appeal would not proceed if the respondent was absent.
The public prosecutor would apply for a warrant of arrest from the appellate court to locate the respondent and bring him to court. If this failed, the court will strike out the public prosecutor's appeal.
An example is the case in November 2010 where the Court of Appeal upheld the acquittal of two former bodyguards of a businessman accused of murdering a Chinese teenager.
On September 20, 2005, the High Court freed Resty Agpalo, Mohamad Najib Zulkifli and businessman Koh Kim Teck of the murder of Koh’s nephew, student Xu Jian Huang, 14, at a bungalow in Jalan Mengkuang, off Jalan Ampang, Kuala Lumpur, in 2004.
The court had earlier struck out the prosecution’s appeal against Koh’s acquittal following its (the prosecution’s) failure to produce the businessman in court on several occasions.
Since Koh could not be located and was acquitted, both Resty and Najib were also freed.
During the 36-day trial, the prosecution’s case was that the boy was tortured and then murdered for stealing RM30,000 belonging to his uncle.
In Altantuya's case, the public prosecutor filed its petition of appeal on January 3 by revealing in detail, the grounds it intended to pursue to reverse the acquittal of Sirul and Azilah.
Among them is that the conviction of the two police commandos should remain intact even without the testimony of the prime minister's aide-de-camp, DSP Musa Safri, as he was only a peripheral figure in the case.
The Court of Appeal had ruled on August 23, 2013 that the prosecution's failure to call Musa had weakened Putrajaya's case against the two cops.
The prosecutors had listed five other reasons the three-man Court of Appeal bench was wrong, in law and facts, to allow the cops to escape the gallows.
The policemen had been found guilty of murdering Altantuya at Mukim Bukit Raja in Shah Alam between 10pm on October 19, and 1am on October 20, 2006.
Both were convicted and sentenced to death but on August 23, 2009, the Court of Appeal allowed their appeal and set them free because of a lack of evidence. – January 22, 2014.
Corporal Sirul Azhar Umar walked out a free man after his appeal against the High Court conviction was set aside last August.
Since then, the policeman has not contacted his lead counsel Kamarul Hisham Kamaruddin, who represented him during trial and in the Court of Appeal, the sources said.
But Kamarul told The Malaysian Insider that he was still on record as representing Sirul in the Federal Court "until and unless notified on the contrary".
The lawyer declined comment when asked whether he had contacted Sirul or if the former policeman had contact the lawyer on instructions to retain him as counsel in the Federal Court.
However, lead counsel Datuk Azman Ahmad, who is appearing for Chief Inspector Azilah Hadri, said his client had given the nod to retain the same lawyers.
Azman said the Federal Court served him a copy of the public prosecutor's petition of appeal early this month.
Both Sirul and Azilah are still under suspension from the police force. They were previously commandos with Bukit Aman's Special Action Squad.
Lawyers well versed in criminal procedures said it was best for counsel to obtain consent from the client to determine if their services were still needed.
"Clients may want to change their lawyers and that is their right. Lawyers cannot assume that clients want to retain their services," said a counsel who declined to be identified.
Normally, a criminal appeal would not proceed if the respondent was absent.
The public prosecutor would apply for a warrant of arrest from the appellate court to locate the respondent and bring him to court. If this failed, the court will strike out the public prosecutor's appeal.
An example is the case in November 2010 where the Court of Appeal upheld the acquittal of two former bodyguards of a businessman accused of murdering a Chinese teenager.
On September 20, 2005, the High Court freed Resty Agpalo, Mohamad Najib Zulkifli and businessman Koh Kim Teck of the murder of Koh’s nephew, student Xu Jian Huang, 14, at a bungalow in Jalan Mengkuang, off Jalan Ampang, Kuala Lumpur, in 2004.
The court had earlier struck out the prosecution’s appeal against Koh’s acquittal following its (the prosecution’s) failure to produce the businessman in court on several occasions.
Since Koh could not be located and was acquitted, both Resty and Najib were also freed.
During the 36-day trial, the prosecution’s case was that the boy was tortured and then murdered for stealing RM30,000 belonging to his uncle.
In Altantuya's case, the public prosecutor filed its petition of appeal on January 3 by revealing in detail, the grounds it intended to pursue to reverse the acquittal of Sirul and Azilah.
Among them is that the conviction of the two police commandos should remain intact even without the testimony of the prime minister's aide-de-camp, DSP Musa Safri, as he was only a peripheral figure in the case.
The Court of Appeal had ruled on August 23, 2013 that the prosecution's failure to call Musa had weakened Putrajaya's case against the two cops.
The prosecutors had listed five other reasons the three-man Court of Appeal bench was wrong, in law and facts, to allow the cops to escape the gallows.
The policemen had been found guilty of murdering Altantuya at Mukim Bukit Raja in Shah Alam between 10pm on October 19, and 1am on October 20, 2006.
Both were convicted and sentenced to death but on August 23, 2009, the Court of Appeal allowed their appeal and set them free because of a lack of evidence. – January 22, 2014.
Labels:
Altantunya
Too few DPPs to handle caseload
The Star
BY SHAILA KOSHY
BY SHAILA KOSHY
KUALA
LUMPUR: Criminal appeals have gone up by over 300% since 2010 because of
judicial reform but there are only 25 deputy public prosecutors (DPPs)
to handle the increased caseload.
Attorney
General Tan Sri Abdul Gani Patail had revealed the startling number of
DPPs in the Chamber’s Appellate and Trial Division during his speech at
the Opening of the Legal Year in Putrajaya.
He said 861 appeals had been filed at the Court of Appeal (COA) and Federal Court in 2010.
Judicial
efforts to tackle the backlog of criminal cases kept the number of
appeals rising in subsequent years: 2,481 in 2011; 2,716 in 2012; and
2,833 in 2013.
Assuming one case per DPP, a DPP who averaged 34 appeals in 2010 would be juggling 113 cases last year.
While
there has been increase of judges in the High Court and appellate
courts, Abdul Gani said there had not been a comparable increase in the
number of DPPs handling these appeals.
“It
would be useful if the AGC was made aware of court expansion plans to
enable the necessary manpower adjustments to be made in advance.”
Malaysian Bar president Christopher Leong agreed: “A-G needs time to train DPPs sufficiently to meet projected workloads.”
“He can’t pull DPPs out of a hat!” said Leong in an interview.
“In the meantime, consideration should be given to the constraints on manpower when fixing appeals.”
Leong
said the objective of clearing the backlog, particularly of criminal
matters, was a welcome one because people should not be languishing in
remand awaiting trial.
“Justice
is best served when the administration of justice is efficient in
fixing cases/appeals for hearing, where judges have sufficient time to
look at the cases, the public prosecutor performing a public interest
function has sufficient time to prepare the case and lawyers are
afforded sufficient and reasonable time to prepare the defence.
“The
latter three would be difficult to achieve if the volume of work that
is placed on each of them creates a constraint on their time and
resources.”
Leong
said that any initiative to improve the system should involve all the
stakeholders so that practical issues could be addressed.
He
cited the time when the judiciary wanted to address the backlog of
criminal cases in Penang by increasing the number of courts handling
criminal matters a few years back.
“It
was not the right solution for Penang because the number of lawyers
practising at the criminal Bar there was a relatively small number.
“It would not have resulted in a faster disposal or disposal of more criminal cases because of insufficient lawyers.”
Unlike other civil servants, DPPs are employed by the Judicial and Legal Service Commission.
In
his speech at the opening on Jan 11, Chief Justice Tun Arifin Zakaria
said the judiciary’s commitment to uphold the rule of law and to
dispense justice without fear or favour, would be meaningless if there
was excessive delay in the justice delivery system.
Congratulating
the president and judges of the COA which has at least two or three
panels sitting at a time to deal with the bottleneck, Arifin had added
that their aim in 2014 was to reduce the waiting period for capital
cases to less than 18 months and for those involving government servants
to less than a year.
Labels:
AG chamber
Aziz Bari: Fatwa Council has no legal standing
The National Fatwa Council has no legal
standing as matters concerning Islam is a state affair, says
constitutional expert Abdul Aziz Bari.
"The National Fatwa Council resolution has no legal standing as Islam is a matter for the states, and such a group has no constitutional status.
"This federal-state division of powers which put Islam in the hands of the states is maintained by the federal constitution," he said in a statement today.
As such, he stressed, whatever the council says about the Selangor Islamic Affairs Department's (Jais) raid on the Bible Society of Malaysia on Jan 2 has no effect, be it on Muslims or non-Muslims.
"Even opinions issued by the state muftis that are issued on a personal basis and not done in the procedure required by the law in that particular state, are not binding.
"They remain personal opinions of the muftis. They are different from the court decisions which form part of the country's law," Abdul Aziz (left) noted.
He also pointed out that there were inconsistencies of edicts in different states.
"Interestingly enough, there are issues in which muftis do not have similar rulings, such as smoking.
“Some rule it as haram (prohibited) while some others rule as makruh (disapproved)," he said.
He added that only provisions contained in the relevant state enactments would make them binding on Muslims in the state.
"The National Fatwa Council resolution has no legal standing as Islam is a matter for the states, and such a group has no constitutional status.
"This federal-state division of powers which put Islam in the hands of the states is maintained by the federal constitution," he said in a statement today.
As such, he stressed, whatever the council says about the Selangor Islamic Affairs Department's (Jais) raid on the Bible Society of Malaysia on Jan 2 has no effect, be it on Muslims or non-Muslims.
"Even opinions issued by the state muftis that are issued on a personal basis and not done in the procedure required by the law in that particular state, are not binding.
"They remain personal opinions of the muftis. They are different from the court decisions which form part of the country's law," Abdul Aziz (left) noted.
He also pointed out that there were inconsistencies of edicts in different states.
"Interestingly enough, there are issues in which muftis do not have similar rulings, such as smoking.
“Some rule it as haram (prohibited) while some others rule as makruh (disapproved)," he said.
He added that only provisions contained in the relevant state enactments would make them binding on Muslims in the state.
Labels:
Muslim Authority
Shut down their accounts, arrest those insulted Hindus – MCA
KUALA LUMPUR, Jan 22: Shut down all the accounts of social media users, that allegedly posted racial remarks against the Hindus and Thaipusam and take stern actions against them, with immediate effect, says MCA.
MCA vice president Datuk Chua Tee Yong told The Malaysian Times (TMT) that “Everyone can have their own opinion but discriminating other religions’ practice shouldn’t be tolerated.
“Social media post can go anonymously basis. The culprits have to be tracked down.
“The authorities should notify the Facebook to close down their accounts.
Chua said that there are no necessity to downgrade other religions’ culture as every race in the country has their rights to practice their respective beliefs.
“I hope Malaysia as a multiracial country practice respect and tolerate each other’s religions.
“Religions teach us to respect each other, not to discriminate,” he stressed.
He urged the police to investigate the matter and take actions accordingly without any delay.
Chua was commenting on the recent racial remarks by several users on the Hindus celebrating Thaipusam at Batu Caves, last Friday.
The posted comments have been circulating the social media and triggered the annoyance of the netizens, especially the Indian community.
Meanwhile, Hindraf National Adviser N. Ganesan slammed the act of several individuals that insulted the Hindus and called upon the police and Malaysian Communication and Multimedia Commission (MCMC) to take stern actions on the matter.
“It was an undesirable element wanting to create problem among the Indians.
“It was a trouble causing act,” Ganesan told TMT.
Ganesan said that the police must be concern and take stern action on those who posted the remarks with the intention of creating unnecessary problems.
“To stop this, the authorities must react immediately like how it reacted to similar incidents in the past,” he stressed.
NO ACTIONS YET
Malaysian Indian Education Transformation Association (MIETA) chairman A. Elangovan, who had also made a police report on the matter, said that no actions have been taken by the authorities.
“This is very disappointing when no actions are taken by the police.
“As a democratic country, all religions sensitivity has to be taken seriously without fear and favour,” he stressed.
He told TMT that, “The government has to give serious attention to those allegedly insulted the Hindus like how they reacted towards J. Gopinath and Alvivi couples.
In September 2012, Gopinath was arrested by the police for allegedly insulted Islam on his Facebook page.
He was probed under Section 4 (1) of the Sedition Act and Section 298 (a) of the Penal Code for making statements that offended the religious sentiments.
While, The Alvivi pair, Alvin Tan Jye Yee and Vivian Lee May Ling, was charged at court despite their action of posting a message ridiculing Ramadan and pornographic images on their blog.
Tan, 25, and Lee, 24, came under fire making a seditious posting on their Facebook page by uploading a photo of themselves eating bak kut teh (a pork dish) with the greeting Selamat Berbuka Puasa with bak kut teh (fragrant, delicious and appetising) together with the halal logo.
Elangovan said “Actions were taken instantly in both cases. I believe the authorities has the capability to take similar actions to those disrespected the Indian community.”
HUNDREDS OF POLICE REPORTS
TMT learnt that hundreds of police report have been lodged by public, NGOs and the MIC, nationwide, on the alleged social media users.
Among those who posted such remarks were Facebook users named Man Namblast posted “berpuluh ribu syaitan sedangberarak menaiki tangga bt caves” (tens of thousands of demons are marching up the stairs at Batu Caves).
While, another user, named Mohamed Hidayat posted, “Penyembahan iblis, syaitan dan berhala secara besar-besaran sedang berlangsung, kemudian mendapat liputan meluas media massa tempatan danantarabangsa.
Meanwhile, the traffic congestion around Batu Caves, on Thaipusam, area was believed to be the cause behind several wild racial remarks in Twitter. -TMT
MCA vice president Datuk Chua Tee Yong told The Malaysian Times (TMT) that “Everyone can have their own opinion but discriminating other religions’ practice shouldn’t be tolerated.
“Social media post can go anonymously basis. The culprits have to be tracked down.
“The authorities should notify the Facebook to close down their accounts.
Chua said that there are no necessity to downgrade other religions’ culture as every race in the country has their rights to practice their respective beliefs.
“I hope Malaysia as a multiracial country practice respect and tolerate each other’s religions.
“Religions teach us to respect each other, not to discriminate,” he stressed.
He urged the police to investigate the matter and take actions accordingly without any delay.
Chua was commenting on the recent racial remarks by several users on the Hindus celebrating Thaipusam at Batu Caves, last Friday.
The posted comments have been circulating the social media and triggered the annoyance of the netizens, especially the Indian community.
Meanwhile, Hindraf National Adviser N. Ganesan slammed the act of several individuals that insulted the Hindus and called upon the police and Malaysian Communication and Multimedia Commission (MCMC) to take stern actions on the matter.
“It was an undesirable element wanting to create problem among the Indians.
“It was a trouble causing act,” Ganesan told TMT.
Ganesan said that the police must be concern and take stern action on those who posted the remarks with the intention of creating unnecessary problems.
“To stop this, the authorities must react immediately like how it reacted to similar incidents in the past,” he stressed.
NO ACTIONS YET
Malaysian Indian Education Transformation Association (MIETA) chairman A. Elangovan, who had also made a police report on the matter, said that no actions have been taken by the authorities.
“This is very disappointing when no actions are taken by the police.
“As a democratic country, all religions sensitivity has to be taken seriously without fear and favour,” he stressed.
He told TMT that, “The government has to give serious attention to those allegedly insulted the Hindus like how they reacted towards J. Gopinath and Alvivi couples.
In September 2012, Gopinath was arrested by the police for allegedly insulted Islam on his Facebook page.
He was probed under Section 4 (1) of the Sedition Act and Section 298 (a) of the Penal Code for making statements that offended the religious sentiments.
While, The Alvivi pair, Alvin Tan Jye Yee and Vivian Lee May Ling, was charged at court despite their action of posting a message ridiculing Ramadan and pornographic images on their blog.
Tan, 25, and Lee, 24, came under fire making a seditious posting on their Facebook page by uploading a photo of themselves eating bak kut teh (a pork dish) with the greeting Selamat Berbuka Puasa with bak kut teh (fragrant, delicious and appetising) together with the halal logo.
Elangovan said “Actions were taken instantly in both cases. I believe the authorities has the capability to take similar actions to those disrespected the Indian community.”
HUNDREDS OF POLICE REPORTS
TMT learnt that hundreds of police report have been lodged by public, NGOs and the MIC, nationwide, on the alleged social media users.
Among those who posted such remarks were Facebook users named Man Namblast posted “berpuluh ribu syaitan sedangberarak menaiki tangga bt caves” (tens of thousands of demons are marching up the stairs at Batu Caves).
While, another user, named Mohamed Hidayat posted, “Penyembahan iblis, syaitan dan berhala secara besar-besaran sedang berlangsung, kemudian mendapat liputan meluas media massa tempatan danantarabangsa.
Meanwhile, the traffic congestion around Batu Caves, on Thaipusam, area was believed to be the cause behind several wild racial remarks in Twitter. -TMT
Labels:
Malaysian Indians,
MCA,
Racist
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