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Thursday, 3 July 2014

Michigan soccer ref dies after being punched during game

Soccer Referee Attacked-1.jpg
June 29: An undated photo provided by the Livonia Police Department is of Baseel Abdul-Amir Saad.The Associated Press
 
The Michigan soccer referee critically injured this weekend after he was sucker-punched during an adult-league game died Tuesday in an area hospital.

John Bieniewicz, 44, was left in critical condition Saturday in Livonia after witnesses say he was punched in the head as he reached down for a red card.

Police said Baseel Abdul-Amir Saad punched Bieniewicz after he indicated that the 36-year-old Dearborn resident was going to be ejected. Livonia police and the Wayne County prosecutor's office have not named the referee, whom Jim Acho, a childhood friend, identified as Bieniewicz.

"I speak for all his friends when I say we are devastated. Crushed. Just a senseless way for a great guy to go out," Acho said. "He deserved better."

One witness told MyFoxDetroit.com that Bieniewicz was punched near his throat and fell without raising his arms. The death was confirmed by the hospital and a family friend.

Saad was arraigned Monday in Livonia District Court on a charge of assault with intent to do great bodily harm. Bond was set at $500,000, and a probable-cause hearing was set for July 10.

"As the case progresses we expect to learn the cause of the referee's injuries," Brian Berry, Saad's lawyer, said.

Saad was reportedly not at the field when police arrived. Saad surrendered Monday, police said.

The charge could be amended now that Bieniewicz has died. A message from FoxNews.com left with a spokeswoman for the Wayne County prosecutor's office was not immediately returned.

Bieniewicz was a dialysis technician with a wife and two sons, said Acho. Acho says a fund is being set up to help pay for his friend's funeral and burial expenses, as well as his children's futures.

According to Acho, Bieniewicz was the only student-athlete in the class of 1988 to letter in both football and basketball at the ultra-competitive Detroit parochial school. Acho, who ran a basketball camp with Bieniewicz for four years after high school, said his 6-foot-5 friend would "wow the kids with dunks."

But much to the surprise of his friends, Bieniewicz gravitated to soccer and fell in love with the sport. He has been a well-respected referee for two decades. He was doing what he loved on Sunday when he was attacked at Mies Park, Acho said.

MyFoxDetroit.com reported that Saad’s team has been kicked out of the league.

In April 2013, a 17-year-old player punched referee Ricardo Portillo after being called for a foul during a soccer game in Taylorsville, Utah, near Salt Lake City. Portillo, a father of three, died after a week in a coma. The teen pleaded guilty to a homicide charge.

The Associated Press contributed to this report

A-G and IGP apply to be parties in two interfaith custody disputes - TMI

The Attorney-General and the Inspector-General of Police have applied to the Court of Appeal to intervene in two controversial interfaith custody disputes.

A-G Tan Sri Abdul Gani Patail and IGP Tan Sri Khalid Abu Bakar said the civil courts had exceeded their authority when they issued recovery orders to the police to locate the children of S. Deepa and M. Indira Gandhi, who are with their ex-husbands who had converted to Islam.

Both Gani and Khalid said, if their applications to be interveners were allowed, they want the Court of Appeal to suspend the High Court orders to compel police to locate Muhammad Ridzuan Abdullah and Izwan Abdullah.

The court papers were filed on June 26.

Khalid said he was in a quandary because there were two custody orders, from the High Court and Shariah High Court, and executing one would mean he was showing disrespect to the other. The Shariah courts had granted both fathers custody of the children.

Gani and Khalid said a stay of the orders was vital or else their attempts to appeal would be futile as the status of the High Court and Shariah Court under Article 121 (1A) of the Federal Constitution had to be determined.

One view is that the civil court is superior to the Shariah Court while another stand is that both are of equal status.

Lawyers K. Shanmuga, who is appearing for Deepa, and N. Selvam, representing Indira, said they had received copies of the court papers from the A-G's Chambers.

"I will be taking instructions from my client to file an affidavit in reply. We will be contesting the A-G's and IGP's applications," he said.

Selvam said their team of lawyers would meet in anticipation of "serious legal and constitutioal challenges arising from the case now".

Last week Gani said he was applying to suspend both orders issued as both cases in Seremban and Ipoh have become cases of public interests which touched on religious sensitivities and have the potential to threaten public order.

On April 7, Seremban High Court judge Datuk Zabariah Mohd Yusof had granted Deepa custody of Sharmila and Mithran, both of whom had been converted to Islam by her husband last year without her knowledge.

The judge allowed Deepa's application as the civil court had jurisdiction over the matter and provide the relief for custody and dissolution of the couple's marriage.

Two days later, Izwan abducted Mithran, saying it was for the child's "protection".

She then obtained a recovery order from the High Court on May 21 to get police to search for Izwan and Mithran.

In Indira's case, her ex-husband, Rizduan has also yet to hand over their youngest daughter to her despite a 2010 Ipoh High Court order awarding her custody of their three children.

Ridzuan has held on to Prasana Diksa since April 2009 when she was 11 months old.

The Shariah High Court in Ipoh had in 2009 given Ridzuan custody of the three children after he unilaterally converted them to Islam.

However, in July last year, the Ipoh High Court, in a landmark ruling by judge Lee Swee Seng, quashed the certificates of conversion of the three children and ruled that the certificates were null and void because they were unconstitutional.

Last month, the court also issued an order to arrest Ridzuan but police have yet to act on it.

Hindu mothers denied justice following A-G, IGP intervention in custody cases, say lawyers

Two Hindu mothers have been denied justice and protection under the law following the move by the attorney-general and the inspector-general of police to intervene in their controversial interfaith custody disputes, lawyers said.

They said the High Court had issued recovery orders to the women and police should have swiftly executed the directive.

The lawyers also said the court was not the forum to find a permanent solution to cases of unilateral conversion as such cases would crop up in future.

They were of the view that instituting legal reforms was a better option than asking the court to interpret the Federal Constitution and the law.

Last week, A-G Tan Sri Abdul Gani Patail and IGP Tan Sri Khalid Abu Bakar filed applications in the Court of Appeal to be interveners in the disputes.

They also want the appellate court to stay the recovery orders granted to S. Deepa and M. Indira Gandhi to compel the police to locate their children who are with their former husbands.

Gani and Khalid said the court had acted beyond its authority in giving the orders under the Child Act 2011.

They said a stay of the orders was vital or else their attempt to appeal would be futile as the status of the High Court and Shariah Court under Article 121 (1A) of the Federal Constitution had to be determined.

Gani in a statement on June 26 also indicated that he might consider going to the Federal Court to get a legal opinion on constitutional issues arising from these cases.

He said the cases were of a public interest because they touched on religious sensitivity and posed a potential threat to public order.

Lawyer Meera Samanther said the authorities were acting as if they were above the law in refusing to act on court orders.

"The IGP should have instructed his men to act immediately once the orders were served on him," said Samanther, who is also president of the Association for Women Lawyers.

She questioned why the A-G and the IGP chose to ignore the plight of the mothers.

"Why have these cases become a potential threat to public order?" she asked.

Samanther said justice and legal protection for the two women were only a distant dream as the police have refused to comply with a directive from the judiciary.

She also said Putrajaya must act on the 2007 memorandum submitted by a group of NGOs calling for amendments to certain laws following the legal tussle in a 2004 unilateral conversion case involving S. Shamala and Dr C.M. Jeyaganesh.

The NGOs wanted the Federal Constitution, the Law Reform (Marriage and Divorce) Act, the Distribution Act and the Infants and Guardianship Act be amended to render justice to the non-converting wives and children.

Lawyer Ravi Neko said it was not common for a civil court to issue such orders as in custody battles the spouse would also be given visitation rights.

"However, in these cases, the mothers had gone to court because the Muslims fathers are still holding on to the children despite custody having been awarded to Deepa and Indira," said Ravi, a Bar Council member.

He said both Izwan Abdullah and Muhammad Ridzuan Abdullah were now in contempt of court for violating the custody order issued by the civil court.

Ravi said the marriages of these couples were solemnised by civil law and, therefore, dissolution of their union and reliefs must be decided by the civil court.

On April 7, Seremban High Court judge Datuk Zabariah Mohd Yusof granted Deepa custody of Sharmila and Mithran, both of whom had been converted to Islam by her husband last year without her knowledge.

The judge allowed Deepa's application as the civil court had jurisdiction over the matter and provide the relief for custody and dissolution of the couple's marriage.

Two days later, Izwan abducted Mithran, saying it was for the child's "protection".

She then obtained a recovery order from the High Court on May 21 to get police to search for Izwan and Mithran.

In Indira's case, her ex-husband, Ridzuan, had also yet to hand over their youngest daughter to her despite a 2010 Ipoh High Court order awarding custody of their three children to the mother.

Ridzuan has held on to Prasana Diksa since April 2009.

The Shariah High Court in Ipoh had in 2009 given Ridzuan custody of the three children after he unilaterally converted them to Islam.

However, in July last year, the Ipoh High Court quashed the certificates of conversion of the three children and ruled that the certificates were null and void because they were unconstitutional.

Last month, the court also issued an order to arrest Ridzuan but police have yet to act on it.
- See more at: http://www.themalaysianinsider.com/malaysia/article/hindu-mothers-denied-justice-following-a-g-igp-intervention-in-custody-case#sthash.OqSbYmvR.dpuf

Zainuddin’s ranting shows arrogance

The rantings and ravings of some prominent political figures show just how shallow their interpretation of Malaysian politics is.

By Chua Tong Ka

Dear Zainuddin Maidin,

As a former cabinet minister and chief editor of Utusan Malaysia, I am sure you are far wiser than what your rantings about MCA suggest of you.

I am assuming that what you wrote was more political in nature rather than based on national or public interest. Make no mistake – I am in no position to defend MCA. I am just trying to make sense of your arguments.

First, please don’t tell those who disagree with you politically to go to hell (pergi mampus). That is akin to cussing and rather tribalist of you. If you were from one of our many uncouth NGOs, I would be better able to accept it.

Asking others to go to hell takes absolutely no courage or heroism on your part as it only shows up your arrogance and bullying nature, thinking that others are powerless to rebut you.

I presume the notion of “ketuanan” and dominance is totally ingrained in your psyche. Hence, MCA must kiss the hand of BN and show gratitude now that the party is back in the cabinet.

By all means argue that UMNO has taken pity on MCA. On the other hand, has it ever occurred to you that MCA and other component parties in BN are hapless and have sacrificed too much in the past for UMNO’s wayward ways?

You are right – MCA was decimated in the last general election. But as a thinking man, you ought to know the reasons why unless your intransigence and parochialism have completely blinded you.

The Prime Minister appointed MCA to the cabinet out of political expediency and reality, not because he took pity on MCA. At least I could get that right.

What are you ranting about when MCA is trying to get the support of the Chinese back? Is this not what Barisan Nasional advocates – each party for its own race?

You fail to see that getting back the support of the Chinese is not about being anti-Malay. Just as criticising the Home Affairs Minister on his statement about the cow head incident is not anti-Malay.

I am sure you know the difference – anti-racism and anti-sectarianism are different from being anti-Malay.

You are a former minister – you should not behave like those unfortunate NGO personalities, who prefer to twist and turn everything into either anti-Malay, anti-Islam and anti-royalty rhetoric.

I expected much more from you.

State religious body rules Kassim Ahmad expressed ‘apostate’ thoughts

(Bernama) – The Terengganu Fatwa Committee has unanimously ruled that the statements made by social activist Kassim Ahmad (pic) at a seminar in February as “kufur” (disbelief) and apostate thoughts.

State Islamic Affairs Commissioner Datuk Mohd Rozali Salleh said the decision was made at a special meeting of the committee on March 9.

Such thoughts were deviant and a threat to public order and damaging to Islam, as there were elements of irregularities like disputing the “syahadah”, hadis, Islamic rules, women’s hair as aurat, the selawat, and condoning apostasy, Rozali told a news conference in Kuala Terengganu today.

Kassim was alleged to have uttered statements at “The Thoughts of Kassim Ahmad: A Review” Seminar organised by the Perdana Leadership Foundation on February 6.

He reportedly accused religious scholars of controlling Islam through a “priesthood caste” system, questioned the use of the hadis (Prophet’s sayings and actions) to explain Quranic teachings, and said it was wrong for Muslims to beatify the Prophet as “he was just a messenger of Allah”.

He also questioned the wearing of headscarf by Muslim women, saying “the hair is not part of the aurat” (parts of the body which need to be covered) in his lecture.

Rozali said the committee banned publication, broadcasting and dissemination of any books, pamphlets, films, videos and anything relating to the anti-hadis belief while Muslims were forbidden from possessing, printing, selling or distributing the material.

The meeting also agreed that the decision against anti-hadis movement to be gazetted as a fatwa and action could be taken against those who defy the ruling.

Missed opportunity to defend religious freedom

allah by Dr. Lim Teck Ghee

News that the Federal Court refused to grant leave to hear the appeal by the Archbishop Emeritus of the Catholic Archdiocese of Kuala Lumpur in the ‘Allah’ case did not come as a surprise. As many Malaysians expected, the judges by a majority decision of four to three predictably upheld the earlier Court of Appeal's decision to ban the use of the word in the Catholic weekly, The Herald.

In the extensive media coverage given to the decision, much attention has been given to the reasoning provided by each of the judges, especially the three dissenting judges. Reading through the reports and analysis, what should be of utmost concern is the failure of any of the judges to touch on the central issue that was placed before them and which they circumvented – that of the threat to the freedom of religion that was stark and explicit in the case before them.

None of the seven judges – not even the dissenting three – found it necessary to cut through the political and legal thicket set up by the government to diminish religious freedom or to state the case against any diminishment of that freedom. None of them found it important to articulate or restate the need for fidelity and unfailing adherence to the core principle of religious freedom enshrined in our secular constitution.

In retrospect, the position taken by all the seven judges – including the dissenting – should raise alarm bells that professional independence and competency has been so compromised in our judicial system that we cannot expect redress from our courts when it comes to defending our fundamental liberties.

But what are the larger implications of this court decision?

If Umno leaders and hardline Muslim organizations such as Perkasa, Isma and others are celebrating this decision as a 'victory' they should think again.

Firstly, they should reflect on the origin of the dispute over the word. The initial damage to the previously stable relationship between Muslim and Christian Catholics on this particular issue which flared up in 2009 can be traced to the political ambitions of one man, the then Home Affairs Minister; and the subsequent lack of resolve from the Barisan government, including the non-Muslim Ministers in the Cabinet.

Earlier, following court appearances and negotiations, the Catholic publication received permission to use the word ‘Allah’ as long as it stated on its masthead that The Herald was “For Christians only”.

Syed Hamid Albar, the then Minister, had even signed the order permitting the publication.

However, 12 days after the order was gazetted on February 16, 2009, he backpedalled and reinstated the ban on the Herald from using the word Allah. It has been postulated that with the looming Umno election in March, Syed Hamid who was vying for a Supreme Council position and wanting to be retained in the Cabinet, was engaged in a last ditch effort to revive his political fortune. The 'Allah' case clearly provided him the opportunity to demonstrate his strong Islamic credentials to Umno members.

Since then, Umno leaders, wannabe Malay and Islamic 'heroes', the vigilante Malay media, and a phalanx of newly pious and devout Muslims have jumped on the bandwagon to defend their faith and assuage their newly arisen anxiety that Islam is faced with attack from an alleged insidious enemy, bent on destroying their religion and converting their weaker Muslim brothers and sisters to another religion.

Why did the Home Minister and his Umno colleagues start this fire over a word which East Malaysian Christians have used for decades even before Sabah and Sarawak merged with Malaya in 1963; and which the great majority of Malay Muslims – until the use of the word was politicised and dragged into the public spotlight – had no concern or problem with? If the use of ‘Allah’ is in violation of syariah law, then surely the ulama, Umno, PAS and others would have objected to it much earlier and more vehemently.

How can an in-house religious magazine circulating within the Catholic community and using the word ‘Allah’ which was halal under previous Home Affairs Ministers suddenly become haram in 2009 on the eve of the Umno general assembly meeting? How can anyone take seriously the claim by Umno leaders and a small group of Muslim zealots that their faith alone has exclusive right to use the word ‘Allah’ in Malaysia, and that any other religion using it, is seeking to proselytize Muslims and disrupting peace and harmony?

Umno members and its proxies may not want to ask these crucial questions but the rest of the world has.

What next?

A colleague has pointed out some of the larger implications and argued for one way forward. I am quoting his opinion* in extenso because it is an important contribution in pointing the way towards finding a solution when our religious and other basic liberties are under threat and when there appears to be no recourse from our own courts in safeguarding the sanctity of the constitutional provisions on them.

“The prohibition of the use of the ‘Allah’ word by non­Muslims is a clear violation of the Malaysian Constitution and a violation of the Malaysia Agreement (1963), which mandates freedom of religion in the former, and no imposition of any one of officially mandated religion on Sabah and Sarawak, in the latter.

Given that Iban people have used the term ‘Allah’ in their Christian prayers for Iban of varied Christian denominations, denial of the use of ‘Allah’, based on the legal judgment of the court and its interpretations, clearly imposes an Islamic restriction on BOTH the Peninsula, where Islam is only an official religion, and NOT THE SOLE NATIONAL RELIGION, and on Sabah and Sarawak,which per the 1963 Agreement, HAVE NO OFFICIAL RELIGION IN EITHER STATE.

.............................................

It is for Malaysia to meet its obligations, according to the Constitution and the 1963 Malaysia Agreement. The State may think it is ‘compromising’ by meeting its requirement. This is false.

Meeting a legal requirement and fulfilling Constitutional law is not ‘compromise’, it is MANDATORY by law. Nations that fail to meet their legal and historical obligations are not democracies, but autocracies that do not recognize their own laws. Any such nation must be held to account for illegal actions and their consequences. Malaysia has failed to meet its obligations, and therefore, it is patently clear that Umno has violated the right of freedom to believe and practice one's faith, unhindered by governmental interference, and it has violated the terms of the 1963 Malaysian agreement, in both failing to recognize and accept non­Muslim Bumiputera religious practices, and imposing a religious doctrine (Islam) on such practices, on two States within the federation, that legally are not mandated to have any of official religion, and therefore cannot be compelled to accept religious strictures from the Peninsula and Putrajaya, let alone coming from non­democratic Malay NGOs.

These violations of human rights of belief and practice, mandate international legal adjudication,as Malaysia has displayed no proof of judicial impartiality whatsoever, and redress of such violations can only properly be judged outside Malaysia. In fact judicial impartiality is rare, if not completely absent, from Malaysia's court and judicial system, whether civil or Islamic (Shari'a Law).

As Malaysia is a signatory to UN human rights provisions, and in fact at one time, a Malaysian even led the UN, as President of the UN General Assembly, 1996­1997 (Ambassador Tan Sri Razali Ismail), and was heavily involved in human rights issues at the UN, relating to Myanmar and human rights activist Daw Aung San Suu Kyi, Malaysia's particular involvement in UN human rights activities, make such domestic human rights violations even more problematic and visible.

No nation can serve the UN as a fair arbiter of international human rights issues, while denying such fairness at home. Thus, Umno, as the sitting government of Malaysia, must be held to account for allowing the courts, upon whom it gives its imprimatur, by appointing judges to the High Court, the highest court in the land, to issue illegal rulings that abrogate already established Malaysian legal and constitutional provisions. Umno/BN is therefore part and parcel of the High Court, by virtue of judicial imprimatur and judicial appointments, and is therefore, ipso facto, responsible for the High Court's legal decisions, as Umno by law must implement all High Courtdecisions.

On that basis, Umno is in violation of its national responsibilities to the nation and should befound guilty of such violations, as it is required to implement legal decisions that are in violationof the nation's very own Constitution and historical legal agreements. If Umno does not put such legal decisions in abeyance, and implements contradictory and illegal laws, there is no known legal basis to judge the Malaysian Government as anything but illegal, in itself, by its own chosen actions. The notion that a national government would violate its own Constitution and historical legal agreements, is more than just odious; it is,in fact, entirely unacceptable, without any caveats.

A nation that violates its laws, as we know from history, inevitably results in its citizens also violating such laws. This situation cannot, and must not, be allowed.

Only an international court, like the International Court of Justice, in The Hague, Netherlands, can properly weigh the evidence against Umno and its judicial proxies, like the High Court, and assess whether, by international standards of human rights and the UN Geneva Conventions,

Malaysia, as represented by Umno/BN as the sitting Government, has violated the Malaysian Constitution and the 1963 Malaysia Agreement, and if such violations are found to be true and validated by the ICJ, and such violations are also found inconsistent with international law based on all known UN conventions, then an indictment of human rights (religious freedom) violations by the Malaysian Government becomes legally binding and internationally recognized. We propose that the Malaysian Government has indeed violated two cornerstones of Malaysia's own historical existence, and we seek remedy to such violations, in order to ensure that the Malaysian Government meets all its commitments to the nation, as required by law, and as required in fact for every nation on the planet, not simply Malaysia alone. To do less, is to allow flagrant human rights abuses and to tolerate the persecution and abuse of Malaysian people, by ethnic, cultural and religious intolerance and deprivation.”

He has also provided this addendum:

“The whole point of the Constitution is to protect ALL MALAYSIANS. No Muslim may fear, through irrational paranoia, that Catholics will try and convert them, because the Constitution says they CANNOT. Isma's and Perkasa's straw man about non­Muslim threats to proselytise and inhibit Muslims from practicing their faith, is wrong, and is as prohibited by the Constitution, as is Muslim proselytisation. The only diference being most non­Malays respect the Constitution and don't go around (usually) trying to turn Malays into Catholics or Hindus, while many Muslims break the constitutional legal requirement that they not interfere with non­Muslim religious practices. The Malays don't know the Constitution affords them protection, or they do know, and don't care, and really want the Constitution to ONLY protect Muslims, which the Constitution cannot do as currently written. Few sane Malaysian would accept a Constitution that only protects one group (Muslims), and this would be totally unacceptable.”

* I would normally disclose my source but the colleague whom I have quoted lives abroad, has family members in Malaysia, and has legitimate fears that he may be denied entry during his next visit should his name be brought to the attention of the authorities.

** The article is taken from “The Big Issue”, issue 7, July 1­15, pp. 23­8

1946, when it all went wrong for us


Wong Chin Huat - The Malaysian Insider


Where Malaysia is heading, with sensational news from Muslim-only Allah, Hudud for all, body-snatching, wedding gate-crashing, police defying the Common Law Courts, to now Muslims buying only from Muslims?

The common question asked by many Malaysians is either “what have gone wrong?” or “Where have we gone wrong?” The relevant question, to my mind, is neither of these but “when have we gone wrong?”

Yes, not what and where, but when. And my answer is 1946.

The ultimate question

What happened in 1946? The British who returned to Malaya after the war started their preparation for her decolonisation.

An utmost pertinent question emerged: can multiculturalism and common citizenship co-exist?

Put it bluntly, can the minorities ask for citizenship with equal rights if they refused to be assimilated?

The expectation of assimilation had its grounds, both globally and locally.

Then, the homogenous nation-state model – one nation, one state, one language, one culture — laid down by the French since their Revolution in the 18th century was the norm. Countries with diverse populations were anomalies.

Such a view was even shared by many liberals. Liberal thinker John Stuart Mill said, “Free institutions are next to impossible in a country made up of different nationalities. Among a people without fellow-feeling, especially if they read and speak different languages, the united public opinion, necessary to the working of representative government, cannot exist.”

In other words, cultural homogeneity or homogenisation is a pre-requisite for democracy.

Locally, thanks to the spread of both the Malay language and Islam in Nusantara by 17th-18th century, and later by the British colonial policy to back and consolidate the Malay kingdoms to facilitate their indirect colonial rule, Malays became a composite ethno-religious category.

If you embraced Islam and you spoke Malay, you could be absorbed as Malays. This was not limited to Minangkabaus, Bugis, Acehnese, Mendalings, Banjarese or later Javanese, but also the Arabs and Indian Muslims.

In early 20th Century, the last two groups were once called Darah Keturuan Arab (DKA) and Darah Keturunan Keling (DKK) and greatly resented by Nusantaran Malays for taking up economic shares as Malays.

The resentment against the Arab- and Indian-Malays subsided when the non-Muslim and non-Malay-speaking Chinese and Indians were seen as the real threat to the Malays.

Hence, by 1946, Malays – not withstanding their parochial loyalty to their states and cultures – had become a culturally defined “melting pot” ethnic group, not unlike America, France or even China.

The 1946 question, reframed in this lens, would be: should the Chinese and Indians be given equal rights if they refused to be “melted”?

The Yes and No struggles

Offering a liberal naturalisation scheme to the Chinese and Indians, the Malayan Union proposed by the British was a “Yes”.

Years later, “the Malaysian Malaysia” idea espoused by People’s Action Party (PAP) and later Democratic Action Party (DAP) is a “Yes”.

The Malays in 1946 answered the question with a loud “No”, which was embodied in the formation of Umno.

And the replacement of the Malayan Union by Persekutuan Tanah Melayu (Federation of Malaya) indicated the victory of the “No” camp.

It did not only establish Umno’s hegemony, but also dictated why we have a centralised and rigid federal system when most federations elsewhere exist to accommodate and manage differences between rival groups.

If accommodation was the goal, the Malayan Union – a multi-ethnic unitary state – should have been kept as the Federation of Malaya was really a federation of Malay ethnocracies.

The 1957 compromises

The “No” victory was however soon cut short by the eruption of the Communist insurgency. Malay nationalists were forced by the British to recognise the reality of the de facto civil war at home and cold war at the global level.

This led to Umno founder-president Dato Onn’s championing of the radical idea of opening up Umno to the non-Malays and his eventual departure from the party.

The electoral challenge posed by Dato Onn’s Independence of Malaya Party (IMP) then forced Umno to cooperate with MCA at the local level for the 1952 Kuala Lumpur Municipal Election.

The success of this ad-hoc experiment sealed the rule of the game for multi-ethnic politics. By 1955, when the Alliance swept 51 out of 52 seats contested in Malaya, it was already a tripartite coalition speaking the language of moderation and accommodation.

The ethnocratic aspiration of Umno was diluted but not completely abandoned. The outcome of pragmatism of all sides was the Merdeka Compromises with three important quid-pro-quo deals.

The first was on citizenship. In exchange for the jus soli principle which would allow most non-Malays to obtain citizenship, special status was granted for the Malays.

Interestingly and perfectly consistent with the historical evolution of the Malayan Malays, Malays are defined not by biological lineage, but by religion, language, custom and the geographical origin of Malaya or Singapore. In other words, this is an open melting pot that one can opt in.

The second was on religion. Religious freedom was guaranteed on two counter-conditions: first, Islam – already the official religion for the Malay states – was made the religion of the Federation; and second, written as a proviso to the constitutional provision itself, religious conversion can only be one-way, from non-Muslims to Muslims.

The third was on language. Linguistic freedom was guaranteed with the establishment of Bahasa Melayu as the national language as the corresponding parallel. At the policy level, the Chinese- and Tamil-medium schools would stay but the ultimate goal would be unifying all schools with the Malay language.

Reading together the three exchanges of the Merdeka Compromise and the constitutional definition of the Malays, Malaya was a gentle and gradual nation-building project to eventually make everyone a Malay.

The project had two tools: first, the differential in citizenship right as an inducement; second, the protectionist environment that prevents the minority faiths and languages from flourishing fully and competing with Islam and Bahasa Melayu.

The phrasing out of Malaya by the larger federation of Malaysia did not change this project. Rather, the project of building a Malay nation-state just became the de facto Malaysia.

East Malaysian leaders who stood in the way of the Malayanisation process were either ousted (Stephen Kalong Ningkan) or ousted then tamed (Donald Stephens and Pairin Joseph Kitingan).

The de-legitimation of plural society

The ultimate goal of building a mono-ethnic nation-state is well entrenched in the officialdom and indoctrinated through historical textbook. By secondary school, Malaysians are taught that the plural society is basically a threat or challenge to national unity.

And its emergence is reduced to two simple factors, both tied to the colonial history: first, the importation of the Chinese and the Indians as mining and agricultural workers; second, the failure of the Colonial Government to have them assimilated, primary by allowing the development of separate education systems.

This anti-diversity discourse in simplified anti-colonial language – using convenient short-hands like “divide and rule” – ignores two important facts.

First and foremost, if there was any ground of such discourse for Malaya, Malaya has been replaced by the larger Malaysia and the Bornean Malaysia was never Malay countries.

Sabah and Sarawak did have plural societies and melting-pot-style amalgamation by a single dominant faith or language never happened, as it did in Malaya.

Second, even in Malaya, the story was never thorough. Chinese miners in Perak and Selangor were much brought in by rivalling Malay chieftains, with whom they later took sides in the Malay civil wars. Most tellingly, Chinese immigrants in Johor were mai
nly brought in by Temenggung Ibrahim and his son Sultan Abu Bakar, who had not a single drop of English blood.

In other words, the immigrant communities were really more the natural consequence of capitalist development, much like why we have millions of foreign workers today, rather than some colonial conspiracy.

The crime of honesty

Lacking a nuanced and honest analysis of our colonial history de-legitimises our multiethnic society, making it something needs to be tolerated and contained rather than celebrated or advanced.

It also de-legitimises secularism and democracy, which are seen as part of the post-colonial order.

The 1957 order was shifted in 1969 to be more pro-Malay in the aftermath of the May 13 riot.

The 2008 political tsunami marked the beginning of a counter-shift towards centre, against the excesses of the 1969 shift.

The controversies staged by Perkasa, Isma and Utusan are but efforts to stop or reverse this counter shift. From their standpoints, these are rational moves that should not surprise anyone really.

After all, if the 1957 model of gentle and gradual assimilation is the unquestioned premise, then really the measure of moderation would be just really about gentleness and gradualness, much like how much heat you apply to a slow cooker so that a live frog in it would believe it is having a spa treatment.

Then, Perkasa, Isma and Utusan of course are gravely guilty of honesty.

108 nabbed under Sosma

The New Straits Times

A TOTAL of 108 individuals of various nationalities have been detained nationwide for involvement in militant activities since 2010, the Dewan Negara was told yesterday.

Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar said the ministry was working with foreign intelligence agencies to prevent the infiltration of militant elements into the country.

“This includes the exchange of intelligence information between countries, especially between Asean countries.”

He said the ministry was monitoring the movements of suspicious groups and individuals who had been involved in militant activities.

He said the ministry was conducting programmes to rehabilitate those who were detained and their families.

Wan Junaidi was replying to a question by Senator Datuk Noriah Mahat, who asked about the total arrests involving militant cases and actions taken by the ministry to eliminate such activities.

Wan Junaidi said the repeal of the Internal Security Act in 2011 had made investigations into militant activities difficult for the authorities.

He said such investigations were time consuming and the maximum of 28 days’ detention provided by the Security Offences (Special Measures) Act 2012 was insufficient.

“We have to look forward.

“The ministry is working around current provisions and is striving to improve the steps taken (to combat militant activities).”

Karpal gets Public Service Award from Ghandi Memorial Trust (Updated)

ImageThe Sun
by Lee Choon Fai


KUALA LUMPUR: The late Karpal Singh (pix) has been posthumously awarded the Public Service Award by the Ghandi Memorial Trust (GMT) for his contributions to the country.

GMT chairman S. Radhakrishnan said Karpal had contributed much to the nation in politics, the judiciary, and social activism for the past 40 years before his untimely demise on April 17.

"His commitment to these principles did not waver despite an accident in 2005 that left him wheelchair-bound," he said during his opening speech.

The award came with a chrome pewter tiger, representing the moniker "Tiger of Jelutong", which was presented to his family who attended the ceremony.

Former Minister Datuk Mohd Zaid Ibrahim said in his speech that Karpal was a fearless lawyer and human rights defender who had contributed much to Malaysian parliamentary democracy.

"His greatest contribution as MP was his push for good governance, and for the government to be responsible to Parliament; he was also suspended many times due to his outspokenness," said Zaid.

Zaid said Karpal often paid a heavy price when doing what he thought was right and that he (Zaid) himself was not spared from Karpal's sharp-tongue during his short stint in the government.

He also commented on Karpal's conviction under the Sedition Act before his passing, saying "nobody who had contributed so much to Parliament and the public should be labelled seditious".

Former Bar Council president Datuk S. Ambiga said Karpal would be sorely missed, especially now when extremist voices are getting increasingly intolerable.

"This is where we miss Karpal as a statesman, extremism is getting out of control; there is a culture of 'might is right' that needs changing and Karpal will definitely speak up about it," she said.

She also said Karpal was never anti-Islam as alleged by his critics even though he opposed the implementation of hudud law and the claims that Malaysia is an Islamic state.

Ambiga said he was a staunch defender of the Federal Constitution, a voice for the voiceless, a warrior for the people, and a principled man above all.

Retired Court of Appeal Judge Datuk Mahadev Shanker said Karpal is the embodiment of Mahatma Gandhi's life principles of "plain-living but lofty in thought".

However, he pointed out that Karpal's voice was a loud roar, a call of redemption and the observance of the rule of law, that he was personally subjected to as compared to Gandhi's gentle and soft-spoken voice.

Veteran lawyer Datuk Jagjit Singh fondly recalled his years as a law student in the University of Singapore, where he met Karpal as a young student activist.

Jagjit said even then, the hallmarks and values of leadership was apparent in Karpal, and his excellent memory coupled with straight to the point arguments made him a formidable lawyer.

Karpal's daughter Sangeet Kaur also gave a short but emotional speech, saying her late father was a giant in life whose shoulders she stood upon for support.

Also present at the event were DAP national advisor Lim Kit Siang, Bar Council president Christopher Leong, lawyer and social activist Haris Ibrahim, and Bar Council Human Rights Committee chairman Andrew Khoo.

Najib Announces RM500 Financial Aid To Civil Servants Up To Grade 54

KUALA LUMPUR, July 2 (Bernama) -- Datuk Seri Najib Tun Razak today announced the payment of a Special Financial Aid of RM500 to civil servants in Grade 1 to Grade 54 as preparations for the Hari Raya Aidil Fitri .

The Prime Minister also announced a Special Financial Aid of RM250 to 684,000 government pensioners to appreciate their contributions, deeds and services.

"The payment of the special aid will be made on July 15," he said in a statement, here today.

Najib said the Special Financial Aid payment to the civil servants and government pensioners involved a financial allocation of RM890 million.

The government hoped that the special financial aid could ease the financial burden of the civil servants and pensioners in making preparations to celebrate the festive season at the end of the month.

Tuesday, 1 July 2014

5 Assyrians, Including Two Nuns, Missing in Mosul

Sister Utoor Joseph (left) and Sister Miskintah, who disappeared on late 
Saturday, June 28 in Mosul (photo: Ishtar TV).
Mosul, Iraq (AINA) -- The Assyrian television channel Ishtar TV is reporting that 5 Assyrians have gone missing in Mosul. Two Chaldean nuns from the Daughters of Mary Order, Sister Miskintah and Sister Utoor Joseph, as well as Hala Salim, Sarah Khoshaba and Aram Sabah have not been heard from for nearly two days.

Sisters Miskintah and Utoor managed an orphanage for girls in Mosul, in the Khazraj neighborhood near Miskintah Church. After Mosul fell to ISIS, the two nuns brought the orphaned girls to the city of Dohuk for safety. The Nuns returned late Saturday to Mosul, accompanied by Hala, Sarah and Aram, to inspect the monastery but there has been no contact with them nor any trace of their whereabouts since then.

It is believed they have been kidnapped by Muslims.

Nearly all of the Christians of Mosul have fled the city since it fell to ISIS on June 10. ISIS members bombed an Armenian church which was under construction in the Left Bank neighborhood, near al-Salaam hospital and looted The Church of the Holy Spirit (AINA 2014-06-12). Two days after taking over Mosul, imposed Islamic law (Sharia) (AINA 2014-06-14) and began collecting the poll tax (jizya) from Christians (AINA 2014-06-21). On June 21 ISIS members raped a mother and daughter and killed four women for not wearing the veil (AINA 2014-06-23).
From left: Hala Salim, Sarah Khoshaba and Aram Sabah.

IGP gets stay in Izwan vs Deepa custody battle

 
The Seremban Syariah High Court today granted inspector-general of police Khalid Abu Bakar a stay of execution on an order compelling police to assist in the retrieval of the children of N Viran @ Izwan Abdullah, who is involved in a custody battle.

The court had earlier granted the IGP to be an intervener in the ex-parte application.

The decision was made by judge  Kamal Bashah Ahmad Tajuddin, after hearing submissions from lawyers Zulkifli Che Yong (left) and Azmi Mohd Rais in chambers.

The Seremban Syariah High Court had previously issued an order to the police to assist in the recovery of N Viran @ Izwan Abdullah's children from his former wife S Deepa.

Deepa had on April 7 this year obtained an order from the High Court in Seremban for the custody rights over her two children.

On Sept 19 last year, the Seremban Syariah High Court granted custody of Izwan's two children to him.

The decision today follows a separate order from the same Syariah High Court compelling the police to find and retrieve the children.

Zulkifli told reporters that the ex-parte stay order gained today is pending a decision on the jurisdiction of the civil and syariah courts on this interfaith child custody dispute, which would be decided by the Court of Appeal or the Federal Court.

It is understood that the IGP had, through the Attorney-General's Chambers, also filed an application in the civil High Court in for a stay of execution of an order on them brought by Deepa (right), who was granted custody of both children by the civil court.

Attorney-general Abdul Gani Patail had applied for the stay order for the IGP, through the firm of Zulkifli Yong Azmi and Co in the Seremban Syariah High Court last Thursday.

Application so as not to interfere in custody battle

Zulkifli told reporters that the IGP is filing the application so as not to interfere in the inter-faith custody dispute but as there are conflicting orders from the syariah and civil courts, it was difficult on the police to react.

He said there was conflicting jurisdiction as the civil courts relied on Article 121 while the syariah courts on Article 121 (1A)

“The syariah court has agreed to suspend the order they gave against the police sought by Izwan until the Court of Appeal or Federal Court decide on the jurisdiction of the syariah and civil courts in such cases and also determine Section 52 of the Child Act,” he said.

Following this, he said the IGP filed this intervener application and had sought the ex-parte order as this is an urgent matter and of public interest.

Viran was also present for a short while before the proceeding, while being accompanied by two non-governmental organisation members from Angkatan Skuad Mubaligh Malaysia.

The inter-faith dispute which is a personal matter had become a matter of public interest following the protracted custody dispute between Viran and Deepa.

Although initially Deepa regained custody of the two children in April following the Seremban High Court order, Viran took his six-year-old son two days after the order.

Now the couple’s nine-year-old son is staying with the mother.

It was reported that Abdul Gani had in a statement indicated its intention to intervene and get a stay order in Deepa and M Indiria Gandhi’s dispute to resolve cases of inter-faith custody dispute once and for all.

M'sian diplomat in NZ sexual assault case

A Malaysian diplomat has been accused by New Zealand authorities of sexual assault with the intention to commit rape, Malaysiakini understands.

The Foreign Affairs Ministry however did not confirm nor deny this matter when contacted by Malaysiakini today, with minister Anifah Aman saying that he would call a press conference on the matter tomorrow in Wisma Putra.

"I will conduct a press conference tomorrow at 12pm in Wisma Putra. Further advice would follow," the minister (right) said in a text message.

New Zealanders responded with outrage yesterday after the authorities revealed that the man, in his 30s, had followed a 21-year-old woman home and assaulted her.

The press in New Zealand is prevented from revealing the offender's name or country of origin after a New Zealand judge issued a suppression order on his details.

However, Malaysiakini understands the accused is a Malaysian diplomat who worked at the Malaysian High Commission based in Wellington.

Malaysiakini is withholding the man's name pending Wisma Putra's official response.

According to the Associated Press, police arrested the diplomat on May 9 and charged him with burglary and assault with intent to rape, both of which carries a maximum jail term of 10 years.

However, the man invoked his diplomatic immunity and has fled the country.

NZ wants diplomat extradited

New Zealand Prime Minister John Key broke his silence on the matter this morning, revealing that his government had demanded the man's diplomatic immunity be waived but was rebuffed.

"It was the government's strong preference that this person be held to account in New Zealand, but this was refused by the sending country," Key is quoted as saying by New Zealand news portal stuff.co.nz.

Key (left) did not reveal specific details about the diplomat, citing the court's suppression order which also applies on the government.

He said assurance had been made that the diplomat will be held accountable in his own country.

"As a signatory to the Vienna Convention our hands are effectively tied, but we still expect justice for the victim," he was quoted as saying.

Key has come under criticism for only summoning Malaysia's High Commissioner a month after the incident.

However, Key revealed his government has been in a diplomatic back-and-forth with the man's country of origin in the past month, without mentioning "Malaysia".

"There's been a series of meetings held at a variety of different levels with MFAT (Ministry of Foreign Affairs and Trade) in New Zealand and the representatives of the sending country.

"I'm led to believe, and I strongly accept that advice, that the host country is absolutely aware at a very senior level about New Zealand's expectations and how seriously we're taking the issue," he is quoted as saying.

Labour foreign affairs spokesperson David Shearer, who represents New Zealand's largest opposition party, called for the diplomat's extradition to face the law in New Zealand.

What it means to be Malaysian

The diversity of race and culture is what makes Malaysia special and the ordinary folk feel recent controversial events do not reflect the true Malaysian story. - June 29, 2014.A foreigner reading the local news of late would be left with the impression that Malaysians were an unhappy lot – paranoid that their respective communities were under threat and quick to provoke or threaten other Malaysians in the name of their race or personal beliefs.

There are reports of Malay rights groups claiming that Bibles in Bahasa Malaysia containing the word "Allah" are a threat to Islam, despite the use of the word by Malaysians of indigenous descent – or Christian Bumiputeras – for more than a century.

Islamist groups, meanwhile, have made inflammatory remarks, including labelling Malaysians of Chinese descent "trespassers" and claiming non-Muslims wanted to remove Malay rights and destroy the sovereignty of Malaysia and Islam.

News of a Taoist funeral and a Hindu wedding being disrupted within the same week by Islamic religious enforcement officers, who claimed they were defending Islam by taking away the body of a Chinese and detaining the Hindu bride, respectively, have left many angry and bewildered that such incidents are occurring in a modern, multicultural society. That both incidents happened in states ruled by the federal opposition, Pakatan Rakyat, could also be a mere coincidence.

Then there are the bitter custody battles between mixed-faith couples into which the police have waded by refusing to act on court orders that favoured the non-Muslim spouse, leaving the spouses bereft of justice and opening up room for arguments whether civil or religious courts should have the last say on such matters.

A long-standing row between Muslims and Christians over the use of the word "Allah" has not ended despite the highest court upholding a ban on the Church’s use of the word in one of its publications.

Yesterday, a bloodied severed cow's head was found on the doorstep of a Penang state lawmaker, who had angered many from the federal ruling party when he said "Umno celaka" (Umno be damned) in the state legislative assembly.

The incident was roundly condemned by politicians from both sides of the divide, and was a reminder to ordinary folk that peace and harmony meant acceptance and tolerance.

Throughout all this, the spectre of May 13 is constantly raised – not only as a reminder of what could happen to Malaysia should citizens turn on one another, but a threat used by one racial community to quell another.

But it would be a mistake to stereotype all Malaysians based on what a few individuals, claiming to be their community’s representatives, say.

To prove this, The Malaysian Insider took to the streets recently to ask people from various backgrounds one question: “What does it mean to be Malaysian?”

Read more : http://www.themalaysianinsider.com/malaysia/article/on-being-malaysian

Perkasa sokong Zahid, dakwa kaum lain singgung kedudukan Melayu

Tindakan Menteri Dalam Negeri Datuk Seri Ahmad Zahid Hamidi berkata insiden kepala lembu di depan rumah Adun Seri Delima bayaran atas keceluparannya disokong Perkasa. Gambar fail The Malaysian Insider.Pertubuhan Pribumi Perkasa (Perkasa) menyokong kenyataan Datuk Seri Ahmad Zahid Hamidi dalam isu kepala lembu yang ditinggalkan di rumah pemimpin DAP, RSN Rayer baru-baru ini.

Setiausaha Agung Perkasa Syed Hassan Syed Ali berkata insiden tersebut adalah sebagai peringatan kepada kaum lain agar tidak menyinggung perasaan orang Melayu.

"Perkasa bukan mahu membodek atau mengampu Zahid tetapi memang tepatlah komen beliau atas isu kepala lembu dilempar di depan rumah Rayer.

"Bukan Rayer saja. Mana-mana pihak yang menjadi punca kemarahan orang ramai perlu beringat keceluparan mulut boleh bawa binasa," kata Syed Hassan.

Beliau berkata, tindakan sedemikian berlaku kerana bukan Islam yang mula menyinggung mempersoalkan tentang kaum Melayu dan Islam.

"Pihak tertentu bukan Melayu yang membuat kenyataan terlebih dulu jelas membuat provokasi terhadap orang Melayu dan Islam.

"Pelbagai isu membabitkan pihak bukan Melayu dan bukan Islam lebih dulu membuat kenyataan singgung perasaan orang Melayu dan Islam," katanya.

Beliau berkata, sikap bukan Melayu yang bermain isu sensitif seperti menyentuh hak Bumiputera, kroni dan menyokong LGBT (lesbian, gays, biseksual dan transgender) antara yang boleh menyebabkan Melayu terguris.

"Kamu mula dulu kami menjawab. Jangan melenting kerana kamu memulakan dulu," katanya.

Zahid sekali lagi mencetuskan kemarahan pelbagai pihak apabila menyatakan insiden kepala lembu yang ditinggalkan di depan rumah Ahli Dewan Undangan Negeri (Adun) Seri Delima sebagai balasan ke atas keceluparan mulutnya.

"Sebagai ahli politik, saya simpati dengan beliau tetapi itulah harga yang perlu beliau bayar kerana mulut celupar," kata Zahid Sabtu lalu.

Zahid bukan sahaja dikecam oleh DAP yang lantang menyatakan menteri itu harus berundur daripada jawatannya malah parti komponen Barisan Nasional (BN) sendiri turut mengecamnya.

Gerakan berkata, Zahid perlu melihat insiden itu secara serius kerana ia bukan merupakan perkara main-main memandangkan ia melibatkan keselamatan wakil rakyat.

Rayer sebelum ini mencetuskan kontroversi susulan kenyataannya "celaka Umno" yang dibuat ketika sidang DUN Pulau Pinang bulan lalu.

Dr M: Chaos if Sedition Act is scrapped

The former prime minister says the new laws to replace the act will not be able to prevent all kinds of sedition from occurring.

KUALA LUMPUR: Former prime minister Dr. Mahathir Mohamad said today Malaysia could descend into chaos if the government went ahead with a proposal to abolish the Sedition Act 1948.

He said the proposed new law to replace the act would not be able to prevent all kinds of sedition that would occur.

“The people will be subjected to all kinds of sedition, including incitement to amend the Federal Constitution. It is not inconceivable that they would agitate for the institution of the monarchy to be abolished,” he said in his latest post on his blog, http://chedet.cc.

Mahathir said the abolition of the Internal Security Act (ISA) and the Banishment Act had resulted in a rise in various kinds of crime in the country.

“Sedition, despite its occurrence, has not exceeded the limits,” he said.

Mahathir said that without the Sedition Act, the extremists among the people would be free to openly criticise the rulers and the monarchy and eventually call for the abolition of the institution of the monarchy.

“No other law can stop them after the abolition of the ISA and the Sedition Act,” he said, adding that Malaysia did not have legislation that could prevent any ridicule of the rulers and the monarchy like the “lese-majeste” in Thailand. (Under lese-majeste rules, anyone convicted of insulting King Bhumibol Adulyadej, the queen, heir or regent faces up to 15 years in prison on each count.)

Mahathir said many people might be angered by the agitation to abolish the monarchy but, because sedition was allowed, those interested in making Malaysia a republic would have the right and freedom to proceed with their campaign.

“The possibility is that chaos will occur in the country. This is a result of the liberal attitude that we exalt now,” he said.

The government announced on May 30 a proposal to introduce a new law to replace the Sedition Act and confirmed having received the drafts of three bills on national harmony.

This followed an announcement by Prime Minister Najib Tun Razak in 2012 to abolish the controversial act to, among other things, enhance freedom of expression among the people.

The three bills are the National Harmony Bill, National Unity Bill and National Unity and Integration Commission Bill.

Mahathir previously criticised the proposal to introduce the three new laws which he had said would be deemed to continue to marginalise a section of the people besides eliminating the advantage based on race, religion, ancestry, place of birth, gender or the needy. -Bernama

Indira files writ forcing IGP to act

The ex-wife of a Muslim convert is seeking judicial remedy to compel the IGP to arrest her ex-husband and return her daughter.

indira_300IPOH: Kindergarten teacher M Indira Gandhi is seeking a court order to compel the Inspector-General of Police (IGP) to execute two High Court orders issued by Judge Lee Swee Seng on May 30.

Indira Gandhi has applied for leave of the High Court to get a judicial remedy to compel IGP Khalid Abu Bakar to execute the warrant of arrest of her ex-husband and to return her daughter.

Lee issued the warrant for the police to arrest Indira Gandhi’s ex-husband, Muslim convert Muhammad Ridzuan Abdullah, previously known as Pathmanathan Krishnan.

He also ordered the police and education department to search and return the divorced couple’s youngest daughter Prasana Diksa to Indra Gandhi.

She filed the application today through her legal counsel, M Kulasegaran, who is also the Ipoh Barat MP and DAP national vice-chairman. She named Khalid as the respondent.

Kulasegaran said Indira Gandhi filed the application after Khalid had made his intentions known to defy the court orders.

In April 2009, Ridzuan took away Prasana, then 11 months old, and converted her and two siblings, Tevi Darsiny, 12, and Karan Dinish, 11, to Islam without Indira Gandhi’s knowledge.

She won custody of her three children by a High Court order in 2010.

On March 11, 2010, the High Court ordered Ridzuan to return Prasana to the mother.

In her application, Indira Gandhi pointed out that initially, Khalid, instead of executing the court orders, had wanted the children involved in the interfaith cases to be placed in welfare homes.

She said the Perak police chief Senior Deputy Commissioner Acryl Sani Abdullah Sani later confirmed that he had been directed to arrest Ridzuan.

She added that both she and Kulasegaran met the Ipoh OCPD on June 25, who revealed that police had been to several locations to look for Ridzuan.

On June 26, Indira Gandhi said Khalid told reporters that he was not arresting Ridzuan but “merely seeing to the safety of the child.”

Kulasegaran said Indira Gandhi was compelled to take this action to prevent lawlessness and for fellow citizens to feel safe.

“I hope the court will give priority to hear this case.

“Law-abiding citizens need protection and the guilty ones must be arrested,” said Kulasegaran in a statement.

Sunday, 29 June 2014

‘Break your silence on Indira Gandhi’s case, Najib’

The Prime Minister must show his political courage and will in resolving inter-faith custody issues

indira_najib_300GEORGE TOWN: Prime Minister Najib Tun Razak should break his silence and make a firm and uncompromising Cabinet decision on inter-faith custody issues.

Ipoh Barat MP and DAP national vice-chairman M Kulasegaran said Najib must inform the public if his Cabinet was committed to enforcing its 2009 decision banning unilateral conversion of minors.

He said if so, Najib must publicly inform when the law would be amended in Parliament to conform with and enforce the executive ban.

But, he said if the Cabinet had abandoned the 2009 decision, the Prime Minister must explain to the people the reasons for the U-turn and how the government would resolve interfaith custody matters.

Kulasegaran is the legal counsel for M Indira Gandhi, who is involved in a bitter legal battle with her Muslim convert ex-husband Ridzuan Abdullah, previously known as K Patmanathan, over the custody of their youngest six-year-old daughter, Prasana Diksa.

“The Prime Minister must show his political courage and will in Indira Gandhi’s case and interfaith custody matters,” Kulasegaran said in a statement here today.

He pointed out that Minister in the Prime Minister’s Department, Jamil Khir Baharom, had said in a written reply to him on June 17 in Parliament that the government had no intention of amending the law in compliance with the Cabinet ban.

Jamil Khir quoted the case of Shamala Sathiyaseelan vs Dr Jeyaganesh C Mogarajah L Anor (2004) and said that based on the decision, the consent of one parent is sufficient in deciding a minor’s religion as the word parent in Article 12 (4) of the Federal Constitution is parent or guardian, and not parents or guardians that means either father or mother or guardian.

The Prime Minister has yet to break his silence on Jamil Khir’s reply.

In April 2009, Ridzuan took away Prasana, then 11 months old, and converted her and her two siblings, Tevi Darsiny, then 12, and Karan Dinish, then 11, to Islam without Indira Gandhi’s knowledge.

The High Court later granted Indira Gandhi full custody of all three children.

On May 30, Ipoh High Court judge Lee Swee Seng issued a warrant of arrest against Ridzuan for contempt after he repeatedly failed to return Prasana.

“Indira Gandhi’s agony and trauma are not yet over after five years of pain and suffering, even after having obtained a court order,” said Kulasegaran.

Bloody cow's head thrown in front of Rayer’s home

 
VIDEO | 0:34sec

A bloody cow's head was found in front of DAP’s Seri Delima assemblyperson RSN Rayer’s house in Jalan Tingkat Tembaga, Island Park this morning.

Rayer (right) said his wife discovered the head, which is completely skinned, when she was about to send their daughter to school this morning at about 7am.

“My wife alerted me at about that time and I went down and saw it was at my front gate,” he told Malaysiakini when contacted.

“We don't know who did it and why. We do not want to speculate,” he added.

“However, the owner of the shop in front of my house saw the incident, and said a man came by in his motorcycle and threw it there,” he said.

By 9am, police have cordoned off Rayer's semi-detached house and carted away the cow's head for investigation.

Rayer said the police also recorded a statement from him and took a copy of the CCTV footage.

"The recording showed that the unknown man came at 5.58am, he wore a helmet and (his face) was fully covered. After he did the act, he danced around," Rayer added, showing reporters a video clip of the CCTV.

"It would be hard to identify him," he lamented.

"My wife and I were shocked to see the cow's head. We feel it is a threat and an insult to our family," he stressed.

Guan Eng: Insult to all

Chief Minister Lim Guan Eng, who arrived on the scene at 9.15am said he was appalled at the incident.

"The perpetrator insulted the whole community, not just to Rayer. It is a rude act and a threat to national security," he added.

Lim recalled that pro-Umno groups had done a similar act in front of the Selangor secretariat office in Shah Alam in 2009.

"I am not accusing pro-Umno groups of this incident but they had done something similar in 2009, which insulted the Hindu community," Lim said.

Lim also said that Perkasa leader Zulkifli Noordin's recent threat of the recurrence of May 13 and Prime Minister Najib Razak's remarks asking Umno to be like ISIL militants (Islamic State in Iraq and the Levant) can lead to acts of “disharmony”.

"If Najib had denied supporting ISIL militants, he must withdraw his remarks immediately," Lim said.

"The police must act against Zulkifli for his May 13 remarks if peace is to be restored or else it would appear as if it is okay to threaten minority groups," he added.

Meanwhile, Home Minister Ahmad Zahid Hamidi was reported saying this was the merely the "price" Rayer is paying for being "foul-mouthed", and that the latter should realise his “celaka Umno” had "angered the public".

“As a politician, I sympathise with him. But that is the price he has to pay for being foul-mouthed,” the online news site The Rakyat Post quoted him saying today.

'Celaka' remark

Rayer riled pro-Umno supporters when he uttered the words “Umno celaka” inside the Penang legislative assembly on May 20.

Pro-Umno supporters held a noisy rally outside the state assembly the next day, while 16 people forcefully barged into the hall looking for Rayer.

They demanded that Rayer apologise and withdraw his “celaka” remarks.

Rayer was arrested for his remark last week but his charge under Section 4(1)(b) of the 1948 Sedition Act at the Sessions court was postponed indefinitely, on an order from the Attorney-General’s Chambers.

The 15 intruders (one still at large) were charged in the magistrate’s court with trespassing.

Meanwhile northeast district police chief assistant commissioner Mior Farid Alatrash said the incident will be probed under Section 298A of the Penal Code.

"The section deals with causing disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, the maintenance of harmony or unity on grounds of religion," he told the media.

Should the far right only decide the Malay/Muslim community’s agenda?

Part of the crowd comprising supporters of right wing group Perkasa protesting the use of the word Allah by non-muslims on October 14, 2013. – The Malaysian Insider pic, June 28, 2014.
Who speaks for the Malay/Muslim community? Political parties such as Umno, PAS and PKR? Or the likes of Datuk Ibrahim Ali, Datuk Zulkifli Noordin and the Isma leadership?

Who else?

Fact is, why is the Malay/Muslim community allowing the likes of Ibrahim Ali, Zul Noordin and the Isma fellows dictate the agenda for the country's most dominant demography?

These people are poor advertisements or poster boys for Islam and the supposed tolerance of the Malays – nature's finest gentlemen, according to the British.

There was a time when men like Datuk Onn Jaafar, Tunku Abdul Rahman, Tun Abdul Razak Hussein, Tun Dr Ismail Abdul Rahman, former Bank Negara governor Tun Mohd Ismail Ali were the ones who showed the finer side of the Malays.

But now, we have the few who are prone to rash and incendiary statements that want to provoke and incite rather than lead and influence the community to a better and peaceful future.

Why are the rest of the Malays quiet? Do they agree with this few or have given up to set things right? Do they want these few to represent them just as some extremists appear to dominate the narrative in countries like Afghanistan, Pakistan, Syria, Iraq and other Muslim nations?

It is about time other voices come to the fore and show the finer nature of the community. Too much is at stake for them to keep quiet and let the loud and swaggering far right take centre stage.

We are talking here about the very future of Malaysia, the future of multiracial Malaysia and the future of multi-religious Malaysia.

Do we want to see a Malaysia that is less what it set out to be in 1963 and more a country of extremes and dominated by the few with a blinkered vision. Is this the Bangsa Malaysia that was envisioned in "The Way Forward" speech of 1991?

The reality is that we are all Malaysians and the majority are the Malays. They have to step up and take charge with their fellow Malaysians to take Malaysia forward as a country for all.

Educated Malays cannot trust the country's politicians or Umno to articulate their views or hold the line against extremism. They have to do it themselves and they have to do it right from today.

Malaysia is too precious to be left to the extremists who appear to want to instil their version of the Islamic State of Syria and the Levant. It is time we all stand up and let the far right know that they are the fringe and we are the centre.

That Malaysia is a country for all, in peace and harmony. Not for the few who spook and bully people to follow their narrow and racist path.

Another cow-head incident, another minister shows his lack of class

Blame Tun Abdullah Ahmad Badawi if you find Datuk Seri Ahmad Zahid Hamidi offensive, classless and an absolute duffer.

The former Umno Youth chief was consigned to political oblivion after resigning from the post, and was even detained under the Internal Security Act, after Datuk Seri Anwar Ibrahim was sacked from the government in September 1998.

To those who have forgotten the illustrious history of Zahid, he was supposed to launch the attack against Tun Dr Mahathir Mohamad, accusing the then PM of cronyism and nepotism.

The attack did not take off and Dr Mahathir instead laid bare the hypocrisy of Zahid, showing how he had benefited from cronyism and how he had amassed millions of ringgit.

Zahid (pic) was politically dead until Abdullah brought him back into Umno and the government when he replaced Dr Mahathir as PM.

The rest as they say is history. Sadly. Zahid rose up the ranks and today is the home minister. What an irony? The man who allegedly beat the boyfriend of his daughter to pulp is now in charge of law and order.

He speaks like a thug; he can't differentiate when he should speak like an Umno man or the home minister, and is a daily reminder that Najib's XXL cabinet is full of incompetent individuals.

Today, instead of being disgusted and disturbed by the act of throwing a cow’s head in the compound of R.S.N. Rayer's home in Penang, he chastised the DAP man for having a loud mouth and said that he brought on the attack because he called Umno "celaka" in the state assembly recently.

DAP secretary-general Lim Guan Eng (second from right) visiting Seri Delima assemblyman R.S.N. Rayer's (right) house in Seri Delima, Penang, after a cow head was found at the gate this morning. – The Malaysian Insider pic by Hasnoor Hussain, June 28, 2014.Remember, this is the home minister speaking. It seems that he is endorsing the actions of those behind the cow-head incident.

He is speaking like another former home minister from Umno, Datuk Seri Hishammuddin Hussein, who sympathised with his party-men after they paraded around an area in Shah Alam with a cow’s head in 2009.

Do you think that any individual or group is going to be discouraged from repeating this offensive action against other Hindus? Is it any wonder that in recent months, minority groups have had animal carcasses thrown into places of worship and other places?

There is little downside to these provocative actions for them. Get caught? When was the last time the police arrested anyone worth arresting?

It is easy to just say that this is about Rayer and that other Malaysians should not get too excited about what Zahid said. Too easy in fact.

Zahid's flippant comment once again demonstrates that many in the government can't tell right from wrong, and don't understand a fundamental fact of governing: that those in position of leadership must be colour-blind and impartial in carrying out their duties.

Zahid has shown that he is incapable of being an honest broker. He is an Umno man, nothing more. He is just an offensive and classless individual.

Just another gift handed down to Malaysia by Abdullah Badawi, much like the toothless Malaysian Anti-Corruption Commission and the discredited judiciary.

Kula to file contempt proceedings against IGP

 
Lawyer M Kulasegaran said he will proceed to file a case to cite inspector-general of police (IGP) Khalid Abu Bakar for contempt of court over a child custody case.

This is for failing to carry out several orders from the Ipoh High Court in relation to the interfaith custody battle, where the Ipoh Barat MP is the lawyer for the mother M Indira Gandhi.

The court orders include a committal order, an arrest warrant for Indira’s ex-husband K Pathmanathan @ Muhd Ridhuan Abdullah and a recovery order for the child Prasana Diksa.

Speaking at a press conference in Ipoh today with his client, Kulasegan chided the IGP as perhaps the only IGP in the world who would refuse to execute a warrant of arrest, and said Indira’s predicament could easily be solved if the Khalid (above) would just enforce the court orders.

There would be no need for the attorney-general (AG) to intervene either if the orders were enforced, he added.

“Today, after five long years of pain and sufferings and having obtained a court order for the child to be returned to her, Indira’s agony and trauma are not yet over due to the inaction of the IGP, the wrong advice of the prime minister and the wrong action of the AG," he said.

"The IGP Khalid has refused to enforce the committal order, Prime Minister Najib Abdul Razak has advised that the case be brought to the Federal Court, while the attorney-general (AG) Abdul Gani Patail wants to apply to intervene in both the civil and syariah courts and suspend their orders on the police,” he said in a statement today.

In the Indira’s case and a similar interfaith custody dispute in Seremban, the civil courts have awarded mothers the custody of the children overruling previous syariah court rulings that favoured the Muslim convert fathers.

The civil courts in both cases have also issued recovery orders for the children, which the police have refused to execute.

Blaming the purportedly conflicting court orders from the judicial  systems, Khalid said the police are caught in a dilemma over which court’s order to enforce.

“So we will not be enforcing either of the court orders. That is our stand,” he said.

This is despite the Ipoh court specifically ruling that its supercedes the syariah court's.

What of cabinet decision, Najib?

Meanwhile, Kula urged Najib to speak up on whether the cabinet still stands by its April 2009 decision on such custody disputes.

“Najib cannot keep silent on this issue. He must inform the public if his cabinet is still committed to the 2009 cabinet decision on unilateral conversions of minors and if so, when will the necessary law changes be tabled in Parliament.

“If his cabinet has abandoned the 2009 decision, the prime minister must explain to the people the reasons for the U-turn and how the government is going to resolve interfaith custody matters,” he said.

Citing the conflicting court orders from the judicial  systems, Khalid said the police are caught in   a dilemma over which court’s order to enforce.

“So we will not be enforcing either of the court orders. That is our stand,” he said.

In 2009, the cabinet decided in response to Indira’s plight that unilateral conversion of minors should be not be allowed, and laws will be changed to reflect that.

To date, the necessary amendments have yet to be made and the government has dragged its feet over the matter.

Bar Council president Christopher Leong yesterday mused that the amendments may have been "quietly forgotten".

Thursday, 26 June 2014

Waytha: BN has to fulfill obligations to Hindraf otherwise face court -FZ.COM

MELBOURNE (June 25): The memorandum of understanding (MoU) between Hindraf and the federal government on April 18, 2013 is legally binding and could lead to court action if the BN fails to honour it.

So said Hindraf leader, P. Waythamoorthy, during a forum in Melbourne last night titled Malaysia At The Crossroads.

Waythamoorthy told the small crowd that the first line in the MoU clearly states that it is a binding agreement, and that the BN has to honour that despite him resigning from his government posts earlier this year.

The agreement caused an uproar within the Indian community when it was signed just weeks before the GE13, after which Waythamoorthy was appointed senator and deputy minister in the Prime Minister’s Department.

He relinquished both positions eight months later claiming that the government had dragged its feet over implementing the MoU.

“But it doesn’t mean just because I’ve resigned that they shouldn’t fulfill their obligations, right?” Waythamoorthy said.

“We can take them to court but within two months the case will be thrown out and the matter will be forgotten. But we're not giving up."

“We’re consulting our team and re-strategising. Hindraf is very clear on what we want - solutions for our people. So we pressure the government to fulfill its promises and if it doesn't then at the right time, we have to take them to court.”

“We had no choice but to trust Umno”

The main question in the room last night was why Waythamoorthy even considered striking a deal with BN to which he replied that Hindraf had “no choice”.

He explained that Hindraf had held close to 25 meetings with Pakatan Rakyat in 2012 but reached a dead end when the opposition coalition refused to endorse any of the six demands.

“At the height of our discussions we even asked them to agree to just one of the demands but they still refused,” Waythamoorthy said. He however declined to elaborate on the reason behind Pakatan’s reluctance.

Hindraf was then “forced” to turn to BN which agreed to four of the six demands. According to Waythamoorthy, the BN also acknowledged that the Indian community had been neglected for 30 years and that the government had failed to register those born in Malaysia.

“We knew we were signing a pact with the devil but we couldn’t find the angel,” he said. “We were then obviously forced to support the government but our heart was bleeding. It was very difficult for us to openly tell our people to support BN.”

“But we did it for the sake of the poor and downtrodden, and because we had no choice. We could keep on fighting while the community continued sinking so we had to do the unthinkable.”

"Najib intended to fulfill his obligations"

After his resignation Waythamoorthy had hit out at Prime Minister Datuk Seri Najib Razak for being a “weak leader” who lacked the political will to make decisions and push for agreements to be implemented.

He reiterated this last night saying that Najib truly intended to fulfill his obligations towards Hindraf as he had been very involved in the negotiations, but he didn’t receive backing from his Cabinet.

“There were also objections from the MIC because if we were able to solve these issues then they would be irrelevant,” he added. “There were also the ultra-Umnos who didn’t want us to do our work because they couldn’t forgive us for raising the sensitive issue of Article 153.”

Waythamoorthy had declared in February that Hindraf would no longer strike any partnerships and would go solo in its quest to uplift the Indian community.

When asked if he would reconsider this stand if BN agreed to all Hindraf's six demands before the next general election, he was swift to answer, “Of course not!”