Posted on by Kit

Samy “flunked” test 40 months ago – now “rat running across the street”

MIC President and sole Indian Cabinet Minister for more than 28 years, Datuk Seri S. Samy Vellu announced that the Prime Minister has asked him to monitor all Hindu temples and submit a report on their status periodically.

He said the Prime Minister also wanted the MIC to forward to him and the Cabinet a list of temples that might have to be demolished for various reasons.

In declaring that the MIC “will completely take over” the sensitive issue of Hindu temples, several observations and questions are in order.

Firstly, is this an election gimmick until the next general election expected in March is over – when the various State Governments will again assert their untrammeled power and authority like the arbitrary, high-handed and insensitive demolition of the of the Sri Mariamman Temple at Padang Jawa in Shah Alam a few days before Deepavali?

Secondly, is there a total moratorium and halt on the demolition of Hindu temples, and if so, for what period – is it only until the next general election?

Thirdly, if Samy Vellu is now given additional responsibilities and powers by the Prime Minister on the question of Hindu temples in the country, he must thank Hindraf and he should ask the Prime Minister to release all the five Hindraf leaders under the Internal Security Act immediately and unconditionally – and they should be charged in court and be given their fundamental right of an open trial to defend themselves to any charges that the Attorney-General wants to prefer against them.

It is moot however that this latest announcement is going to reverse Samy Vellu’s political fortunes, who is akin to the Chinese saying of a “a rat running across the street with everybody shouting ‘smack it’”.

A Malaysiakini correspondent writing about the public booing of Samy Vellu when officiaiting the Astro’s ‘Aattam 100 Vagai’ (100 types of dance), an international modern Indian dance competition, at the Penang International Sports Arena (Pisa) on Sunday, entitled his report: “Writing on the wall for MIC supremo”.

Some 40 months ago, I had given Samy Vellu an opportunity to redeem himself, MIC and the Barisan Nasional Government by embarking on the process to check and arrest the long-standing political, economic, educational, social, cultural and religious polarization of the Malaysian Indians in the country.

This was when I suggested to Samy Vellu that he get Cabinet approval for the establishment of a Parliamentary Select Committee on the Marginalisation of the Indian Community, with him as Chairman, to identify the problem areas faced by Malaysian Indians for over two decades which have denied them an equal place under the Malaysian sun, to be followed by a New Deal to restore justice and fair play to the Malaysian Indians.

I even wrote an official letter to Samy Vellu, dated 4th June 2004, which I handed to him personally in Parliament at a meeting of the Parliamentary Committee of Selection.

Samy Vellu expressed great enthusiasm and full support for my proposal at the time and promised to raise it at the Cabinet – but nothing has come out of it. He has not breathed a single word about my letter and proposal in the past 40 months.

I do not know whether he had just thrown my letter into the wastepaper basket when I turned my back, but Samy Vellu had flunked the opportunity to end the marginalization of Malaysian Indians 40 months ago or he would not now be like “a rat running across the street with everybody shouting ‘smack it’”!

This is the letter which I gave Samy Vellu, which I am making public for the first time:

“4th June 2004,
Datuk Seri S. Samy Vellu,
MIC President and Works Minister,
Parliament.

YB Datuk Seri,

Select Committee on Marginalisation of Indian Community in Malaysia

We are in the era of a more open, accountable and democratic government with the agreement by the Prime Minister and the Deputy Prime Minister for the establishment of two Select Committees, one to address the problem of increase in sex crimes through amendment to the Criminal Procedure Code and the other, a Select Committee on National Unity and Integration, with its first agenda a review of the national service training programme.

Even more important and significant is the developing consensus between the government and the opposition on the need for a “First World Parliament” if the Prime Minister’s aspiration that the “First World Infrastructure, Third World Mentality” Malaysian malaise obstructing the nation from becoming a fully developed nation is to give way to a “First World Infrastructure, First World Mentality”.

Long-overdue parliamentary reform and modernization to effect a more activist and hands-on Parliamentary institution, such as embracing the Select Committee system which has become common-place in First World Parliaments in the Commonwealth, deserve the strong and vocal endorsement from all quarters particularly Cabinet Ministers.

I am seeking YB’s support for the establishment of a third Select Committee, viz. on the marginalization of the Indian community which have not received commensurate benefits from decades of national development – an issue which deserves the concern of all Malaysians, regardless of community and political affiliation.

YB knows better than me about the crisis of Indian marginalization in the national development process, and there is no need for me to enumerate them, although an NGO had recently summarized the long-standing fundamental issues faced by Indian Malaysians, including the following:

• The number of Indian youths dying in police custody has increased;

• The socio-economic inequality between the Indian poor and rich and between other communities has worsened;

• The State has not responded effectively in addressing social ills in the community;

• The State policies towards and financial allocations for Tamil schools remains pitiful;

• The University intake policy has been a source of major distress for the community;

• Low cost housing needs of the Indian poor have not been adequately addressed;

• The negative consequences of the final breakdown of the plantation economy on the Indian rural poor have still not be regulated. Aggressive displacement of the Indian Malaysians is a serious problem.

A Select Committee on the marginalization of the Indian community in the national development process will be the most opportune and appropriate forum for a full ventilation of this national problem to find a formula to break the back of this crisis, with the support of all concerned players rising above party differences and partisan interests.

YB will be the most ideal Chairman for the Select Committee on the Marginalisation of the Indian community in the development process and DAP MPs are prepared to give full support and make the fullest contribution if the Cabinet could agree to its establishment.

Thank you.

Yours truly,

(Lim Kit Siang)
Ketua Pembangkang”

The offer of co-operation 40 months ago by DAP MPs to Samy Vellu, the MIC and the Barisan Nasional government, rising above party differences, to work in unison to end the long-standing marginalization of the Malaysian Indians was spurned and rejected.

What a golden opportunity lost – with Samy Vellu, Malaysian Indians and the nation as a whole all become the losers.

If the long-standing problem of the marginalization of the Malaysian Indians had been highlighted and addressed by a Parliamentary Select Committee 40 months ago, the feeling of neglect, alienation and despair would not have reached the stage where 30,000 Indians from all over the country braved hardships and threats to rally in support of the Hindraf demonstration in Kuala Lumpur on Nov. 25 in a collective cry of desperation to be heard by the Prime Minister and the Barisan Nasional government.

Can Samy Vellu explain why he had spurned my proposal for the establishment of a Parliamentary Select Committee on the Marginalisation of the Indian community in Malaysia 40 months ago?

59 Replies to “Samy “flunked” test 40 months ago – now “rat running across the street””

  3. This has opened another “road to riches” for Samy Vellu and if anything should happen to any of the Hindu temples, he will give his most popular excuse of “This is none of my business” similar to what happened to the problems which occurred at the Ampang Highway, the Kepong flyover, the new Courts complex in KL and Parliament House!!!!

  5. “Samy Vellu expressed great enthusiasm and full support for my proposal at the time and promised to raise it at the Cabinet – but nothing has come out of it. He has not breathed a single word about my letter and proposal in the past 40 months.

    I do not know whether he had just thrown my letter into the wastepaper basket when I turned my back, but Samy Vellu had flunked the opportunity to end the marginalization of Malaysian Indians 40 months ago or he would not now be like “a rat running across the street with everybody shouting ‘smack it’”!”
    ——————————————————————

    Samy has proven time and again of his IRRELEVANCY as a Cabinet Minister and MIC leader and he has OUTWEIGHT HIS USEFULNESS as the leader and defender of the Indian community in Malaysia.

    The only BEST solution for him is this – RESIGNED or face the wrath of the Indian community in the coming General Election.

  6. Semi value,is just in it for the money not for the community. He can care less if the community goes to waste,around the nations hindus are performing funeral rites for him,this is normally done when a person dies,but it seems they are doing it when he is alive,cmon semi value after acquiring much wealth for 28 years and cheating money from your fellow Indians to build AIMST ( Asian Institute of Medicine,Science and Technology),look at what your empty promises come to? You said AIMST is for the indians,but all we see is the wealthy people in the university,where do the poor indians go? They cant even get a seat at your Uni.

  8. Cannot recall any proposal /suggestion from opposition been implemented by BN, anyway this title should be 42 months, instead of 40 months,
    Semi Value is an INSULT to all Msian Engineers, n so is BN govt, which always insult all Msian Engineers /Architects directly or indirectly whenever any govt building project had problems!

  10. In declaring that the MIC “will completely take over” the sensitive issue of Hindu temples, several observations and questions are in order.

    How can it be “completely take over”? To control by force? Or does it mean now MIC and Samy Vellu is the official Hindu Gods council, something like the Islamic council where they issue fatwa?

  14. “….‘Aattam 100 Vagai’ (100 types of dance), an international modern Indian dance competition…….”

    You missed out one critical dance:

    “Samy Vellu dashing across the road with everyone running after him, wanting to “smack him” “. That makes it 101 dances and could possibly be the competition winner!! (P/s he got caught!!)

    But the main issue is why does Samy have to wait for the PM to tell him what to do and give him and the MIC the “responsibility”? The MIC was formed to take care of the Indian community and to represent it. This is a continuing responsibilty and undertaking right from the very start.

    It is obvious that the MIC has lost its way and failed its founding fathers and is now catering only to the interests of the few elites. The welfare of the community has been forgotten. What right has the MIC now to say it represents the Indian community which has now to seek other avenues to help themselves? MIC is now irrelevant to the Indian community.

    The Chinese has lost faith in MCA and BN. The Indians have lost faith in MIC and BN. The KadazanMuruts are restless.

    The PM is desperate and is now toying with ideas to stem the tide and win the next elections. He is considering offering the non-Malays a second Deputy Prime Minister’s position to be rotated between all the other communities and regions starting first with the MCA. Samy Vellu is livid as he feels he should get the position first as he is the most “senior and oldest” Cabinet minister but chances are he won’t get it.

    I hear many in UMNO are also unhappy with this proposal as it will diminish the current DPM’s position. Najib’s supporters are restless with the man with the “big ears”. Will they do what some senators did to Julius Caesar? Convenient the cousin has the instrument.

    God, it is going to be some fight and things are just becoming interesting. But wait, let the sleepy one go on vacation first and think about it. And to ask Jeannie what she thinks.

  16. The malaysia hindu sangam said there are are 17,000 hindu temples in the country. So sami was reported in the papers that he would be having a meeting with about less than 2,000 priests.
    That means: 1. These must be the priests connected with mic
    or
    2. The other 15,000 temples will be demolished.
    Not a bad rat at all doing his master`s bidding.

  17. “Did someone call me a rat? How dare he say I’m a rat! This is getting very personal. You can check my records and criticize my performance. But I draw a line when it comes to name-calling. I warn you all, I’m gonna sue whoever calls me a rat. I have been humiliated and subjected to public odium, shame and contempt. I’ll take them to court for calling me a rat!”

  18. What about the double track madness?
    Why no public tenders?
    Was there a feasibility study done?
    If yes, shouldn’t it be made public?
    Kit must look into this super super white elephant immediately.

    RM 12.5 Billions project without check and balance?

  19. Where he got time for all this community work. So many toll concessions to look after. Then this billion ringgit Palace to plan, new highways and byways, so much money to make. For more than 30 years in total control of the Indians, he knows the Indians don’t mind all the hardship. Give them more privileges and good life, and they will challenge his leadership. But this rat doesn’t realise that when he gets too fat, all the other skinny rats like Kayveas, Nalla, Pandithan will smack it.

  20. THREE (3) HINDU TEMPLES THAT HAVE BEEN BURNT TO THE GROUND:-

    68. The Ganggai Muthu Karumariaman temple in PMR Batu Buntung Estate Kulim,
    Kedah on 15.5.2006 was torched by unknown / mysterious criminals.
    69. The Sri Kalikambul Kamadeswarar temple in Ebor Estate Batu Tiga, Shah Alam Selangor.

    70. The Sri Kalkattha Kaliamman temple in Kampung Sungai Kayu Ara, 47400 Petaling Jaya.

    SIX (6) TEMPLES FORCED TO BE RELOCATED NEXT TO SEWERAGE TANKS:-
    71. The Sri Muneeswarar JKR Temple, Batu 5/12, Jalan Kapar, 42100 Klang, Selangor (73 years old) was given notice to be demolished forced to be relocated next to a severage tank (June 2006). (Hindraf)

    72. Sri Kumaravel Hindu Temple in Kampung Medan, Petaling Jaya, Selangor was forcibly relocated next to a sewarage tank, electric station (TNB) and high voltage cable on 14.07.2006 . (Makkal Osai 15.7.06)

    73. Mariaman Hindu Temple in Bukit Beonang, Taman Bukit Melaka forced to relocate next to sewerage tank.(Nanban 25/8/2006)

    74. Sri Raja Rajeswarar Hindu Temple in Taman Tunku Jaafar, Senawang, Seremban. (Hindraf)

    75. Mariaman and Perumal Hindu Temple in Puchong Perdana, Selangor. (DAP sources)

    76. Mariaman Temple in Desa Mewah, Sunway Semenyih forcibly relocated next to a septic tank. (Bandar Rincing, Semenyih Temple Chairman)

    THREE (3) HINDU TEMPLES WHERE DEITIES FORCIBLY REMOVED:-

    77. Statues from 73 year old JKR Sri Muniswarar Temple, Jalan Kapar Klang Temple was forcibly removed and taken away under mysterious circumstances in July 2006.
    78. Deities from the Devi Sri Karumariaman Hindu Temple, Petaling Jaya Utara, Section 21, Kampung Taman Aman forcibly removed and left in a construction site.

    79. Kaliamman Hindu Temple, Jalan Matin Batu 5 Seremban (more than 28 years) deities and temple bell was removed. (Nanban – 3.9.2006)
    http://sactyr.blogspot.com/2007/12/list-of-hindu-temple-demolished.html

  21. Dr Christopher Anthony interviewed Hindraf’s legal adviser/leader P Uthayakumar on December 5, 2007. I believe Uthayakumar’s views may throw light on some issues raised in this blog thread.

    On the first issue of the possible reasons why Samy Vellu has not “breathed a single word” about and nothing has come out of YB Kit’s letter 40 months ago and bearing on the prospects of whether Samy Vellu could achieve much to alleviate Malysian Indians’ plight now that the Prime Minister has asked him to monitor all Hindu temples and submit a report on their status periodically – the following excerpts of what P Uthayakumar said are noteworthy:

    “During the Padang Jawa temple issue Samy went to the ground (and told) the enforcement chief, ‘please don’t break the temple’ and the enforcement chief told him pergi dah (go away). I’m breaking the temple’. What powers does Samy Vellu have (if) even the enforcement chief of the Shah Alam City Council doesn’t want to listen to him? To me that enforcement officer is more powerful than the most senior minister in the cabinet. That’s the reality because (the officer) is a Malay and Samy Vellu is an Indian. That’s a fact. You can say I’m a racist but you see in Malaysia, people avoid talking about the realities about race. So Samy Vellu is a proxy of the Umno government. He is suppose to cheat and mislead the community. Samy Vellu has no power, he’ll only tell you three things: ‘I will bring this up with the cabinet’, ‘I will bring this up with the PM’ or ‘I will bring this up in Parliament’ because beyond this he cannot say anything. To me even if you remove Samy Vellu and place me in his position, I will not be able to do anything. I’m powerless. Only PM and Umno have the power. Umno rules this country not Barisan Nasional….”

    On another issue, the prospect of 5 five Hindraf leaders being released under the Internal Security Act and charged in court and be given their fundamental right of an open trial to defend themselves to any charges that the AG might prefer against them, this (ie. charging them in open court for sedition), again, is not that likely if based on what Uthayakumar said, “No, if they want to charge me for sedition, then so be it, but the court must give me a chance. I would like to produce hundreds of documents and media reports to justify that it. Let the court decide whether it is ethnic cleansing or whether it is sedition but the court must hear me out. I have the evidence, I have the proof….” “Ethnic cleansing to him is – “But to me Hindu temples being relocated next to sewerage tanks – that is ethnic cleansing a la Malaysia. Every three weeks, a temple is demolished. If you don’t call it ethnic cleansing, what is it then? In Bosnia, you kill people. (But ethnic cleansing) a la Malaysia is worse because you are living and suffering on a day to day basis….”

    Having said the above, the government should consider taking the initiative to heal the communal rift and foster the national reconciliation.

    The moment the government acknowledges by appointing Samy to an additional portfolio for temples concedes that the Malaysian Indian Community has a problems hitherto unheeded which but for Hindraf’s actions would continue to remain neglected to fester to the detriment of communal harmony.

    Hindraf may not have the law on its side but its moral cause resonates with many, which is a big mitigating factor for some kind of deal to be worked out – (say) no street demonstrations in exchange for freedom and working with them to resolve or mitigate the problems raised by Hindraf. Govt needs to fend off demands from right wingers within the ruling party braying for their blood.

  22. MIC needs to renew, reengineer and paradigm shift under new leadership. Samy has made the party a ‘dead’ organization to serve his own purposes. No dissent is allowed, how does he expect his party to break new ground? Forever cocooned within his own fantasy.

  23. “Money and Corruption Are ruining the land Crooked politicians Betray the working man, Pocketing the profits And treating us like sheep, And we’re tired of hearing promises That we know they’ll never keep”

    Ray Davies
    English singer, song writer and guitarist, b.1944

  24. Yes, the double track only north section (just Ipoh – Padang Besar) cost RM12.5 bn ??,
    In Nov.2003, the total project for both north section n south section (Seremban – Johor Baru) was RM14.5 bn which was then cancelled, can refer Kim Quek recent letter on Malaysiakini.
    And Teresa Kok blog on the hiring of helicopter by PDRM for RM400 mil. a year for many years?? What this country had become??
    Can forecast a lot of Barang Naik??

  25. Rat jokes IMPLICATIONS:

    MIC president Datuk Seri S. Samy Vellu
    said he was not happy with the state’s
    intention to demolish more than 30 temples.

    He said the demolition act was a setback to
    the MIC’s political groundwork.
    * * *
    Selangor MB Datuk Seri Dr Khir Toyo:
    “I think Datuk Seri Samy Vellu will
    understand after listening to (the state
    government) directly.”
    * * *
    MPSJ president Ahmad Fuad Ismail (The
    Star Metro October 31): “We had announced a
    long time ago that we intended to beautify
    and develop the area into a walkway
    resembling Bintang Walk. The temple
    was in the area we wanted to develop.
    http://www.usj.com.my/forum/Forum1/HTML/001089.html

  26. `I do not know whether he had just thrown my letter into the wastepaper basket when I turned my back, but Samy Vellu had flunked the opportunity to end the marginalization of Malaysian Indians 40 months ago or he would not now be like “a rat running across the street with everybody shouting ‘smack it’”!’ – LKS

    I don’t think your comment is justified. You need to be more sympathetic when dealing with a person who is suffering from senile dementia.

    Sami Vellu is no more Semi Value; he is Senile Vellu.

  27. Uncle Lim,
    First of all, let me thank you for your noble thoughts to help the Indian community. The letter you wrote to Samy Vellu 40 months ago was probably the best route ever given by a good samaritan to help ease the problem of the Indian community. And the idea came from a Malaysian Chinese statesman. Your genuineness in helping another community is a classic example of the word ‘muhibbah’ among the races in Malaysia. Thank you from the bottom of my heart.

    Neither Pak Lah or Samy Vellu can help the Indian community. It’s every individual votes in the next election that will change the direction of the life of Indians in Malaysia. The Indians need a leader who is passionate about changing the lives of Indians, brave enough to speak up for the rights of Indians and be willing to serve the community honestly. There are many individuals who are capable, they need to rise to the occasion and lead the way.

    Please cast your vote wisely. Don’t believe all the promises given now. If they were not able to change the situation for 50 years, what can they do in a few months. Please throw them out. I don’t even want to refer to Samy Vellu as a rat. I cannot understand someone without conscience.

    God bless Malaysia.

  28. Samy : ‘ Apa saya boleh buat ? Jangan kacaulah. Saya pun mahu jadi kaya macam UMNO dan MCA president TDM dan LLS. Dia orang sudah jadi Billionaires, saya baru jadi ratus Millionaires. Mana ada cukup, tak cukup… kena makan lebih sikit…, sikit-sikit lagi. ‘

  29. Come GE, it’s all about money politics. Sg. Siput is no exception. In any case should Samy lose his pants in Sg. Siput, there’s the back door to the Cabinet through the Senate.

    For now all that is needed is his ‘rehabilitation’. UMNO would let him show some progress over the issue of hindu temples. After that it’s likely to be business as usual.

  32. It’s all BN election gimmick. After they win, they will be back to their old ways. Corruption, lies, discrimination are part of the BN characteristics. Vote them if you want Malaysia to go down the drain.

  33. Tickler Says:

    Today at 13: 04.21 (2 hours ago)
    Federal Court throws out Subashini’s case
    http://malaysiakini.com/news/76423

    Is Hindraf’s claim baseless ?

    End of the world for Subashini but malaysia Indian’s hero, Samy is still laughing away.

    Sad chapter for Non-Muslim in Malaysia. May all of us have an moment of silent for such a religion based verdict on civil right.

  34. Aiyoyo poor Sami Samyyyy, everyone is going to smack
    you! I suggest you better resign!! After all, 28 years
    of stealing is more than enough for you and your
    family to enjoy life for next 28 generations or more…!!

    If you step down now, nobody will check your bank
    accounts. If you don’t, people will audit you and
    cofiscate your assets!! By then you will die standing…!!!

  35. After donkey amount of years, why should he change his way for the better? Might as well concentrate his effort to cheat more Indian in the coming election and then screw all of them back once the election is over. Simple mathematics really.

  36. Someone said that ” we need to have love and compassion ” ! Truly incredible and very thoughtful indeed. What happens to the families of the suffering 5 in Kamunting ? Don’t they deserved to
    have love and compassion ?

    I reiterate herein that all voters should vote wisely and not be misled by any BN reps. into believing otherwise. If they are buying your vote with reward(s) just grab it and thereafter vote any party other than BN.

    To be led for 50 years with such high handedness, is indeed very tolerating of Malaysians. Do ourselves some justice, let’s make a pledge that we are not going to allow another 50 years of abuse
    of our sacred federal constitution by those that think they are for us with their majority decision when all that was decided was against our very basic human rights.

    ” He said the moderates should play a role in ensuring that members of the public were not swayed by extremist propaganda which played on people’s emotions by raising sensitive religious and racial issues.”

    Who is being sensitive here ? Malaysia has many ” FIRST ” in the world today not for the right reason though. First country in the world to hijack the word ” Allah ” for their exclusive use and maybe they will copyright that name as well. Ignoring that fact that it had been used long ago by the people of the book even before the
    time of Islam.

    When the course of history can be altered with impunity by the current ministers, stand your ground, my fellow malaysians before it’s too late. Save this blessed and beautiful nation from those with corrupts agenda. Enough is enough !

  37. Don’t use the rat to describe him because the Chinese are going to welcome the Year of the Rat in 2 months time. I would rather call him a snake. Therefore change the saying to:

    “a snake running across the street with everybody shouting ‘smack it’”!

    It is not easy to smack a snake. You can immobilize a snake by spreading sulphur on it.

  38. The problem lies in the other decisions made by the Federal Court which inter alia held that non-Muslim marriages which were dissolved by Syariah Courts have no legal effect to the marriage in Civil Courts unless it is dissolved by Civil Courts but it does not preclude the now-Muslim partner to seek remedies in the Syariah Court. It was also held that the non-Muslim partner has no locus standi in the Syariah Court and therefore, can only seek remedies in the Civil Courts and that both the Syariah Courts and Civil Courts are of equal standing. Based on whatever little reports available at the time of reading (from the Malaysian Bar website and Malaysiakini) this effectively suggests that the said marriage can now have and is possible to have 2 sets of orders of equal standing!
    http://finmats.com/2007/12/27/subashini-still-in-limbo/

    Wat semi sami say : The law is ass.

  39. Someone said that ” we need to have love and compassion ” !
    ________________________________________________________

    This is the kind of dillusioned MALAYSIAN MUDAH LUPA THINKING. They misplaced their compassion. They dont even know to be just, when you are not just you misplaced your compassion and start sympathise people who does not deserve compassion at all. After 50 years, if you Malaysians can still show compassion to UMNO/BN, dude, you are the biggest douche in the universe man.

  40. Re: SUBASHINI

    Federal Court decision on the case – good or bad depends on how you look at it.

    It is bad because some would say the Federal Court could perhaps have found a way round the technicalities and take jurisdiction of the matter without sending it back to the lower court. Don’t know if this is possible. Even then there is no guarantee if it would come on the side of Subashini.

    Any legal eagles out there who could enlighten readers with their view as to whether the Federal Court could have maintained jurisdiction despite the technicalities in – in both law and procedure?

    But with the case back in the hands of the Court of Appeal and eventually the High Court, the justices would now have to consider the dissenting judgment of FCJ Aziz along with the majority. Aziz’s dissenting judgment makes a lot of sense:

    – the High Court has exclusive jurisdiction over civil marriage even though the husband has converted

    – it is an abuse of process to file custody proceedings in Syariah courts in respect of a civil marriage as the Syariah courts have no such jurisdiction to do so.

    – The High Court could and should have granted an injunction as per Subashini’s application against the Syariah court to stop the abuse of process.

    If it is not too long perhaps Jeffrey QC could cut and paste the full judgment here or let us know which website to go to in order to read it. I don’t think however the full judgment is currently available to the public.

    The culprit in all this is Article 121(1A) of our Federal Constitution of 1957 (hope I got that right). It introduced a double-tracked system of justice – something, in my 2-cents, was not envisaged when the Constitution was first passed. If the amendment was passed to clarify and define the limits of the syariah court jurisdiction, then it has failed miserably as we see more and more cases go up to the country’s highest court of appeal.

    The issues are human rights issue and should be seen as such. But then again that is just my 2-cents worth. I’m sure there are many others who would disagree that these are “nothing more than human rights issues” but that they should be solved in accordance with the law and not in ignorance of it. It could only be solved, in my opinion, if Parliament re-visits Article 121(1A). It is not going to happen under BN rule or under the Abdullah Administration. That is for sure.

    Meanwhile, it is not enough to have to rely on ‘renegade’ judges to come up with the right decision – and do the right thing, if at all possible.

  41. Non-muslim couples planning marriage need to make a legally-binding mutual pact that should the marriage turns sour, the affected partner would be legally obliged to terminate the marriage to the satisfaction of both parties with regard to property, children ect BEFORE converting to Islam

  42. “……Datuk Seri S. Samy Vellu announced that the Prime Minister has asked him to monitor all Hindu temples and submit a report on their status periodically.”

    Hey! Don’t feel sorry for Samy even if he was jeered. Do you guys realize this presents another opportunity to Samy to ask the Govt. for money? Just like the MRR II structural defects and “bocor” cases in Govt buildings when he was tasked to find a solution, he will run to the Govt. with a multi million ringgit “solution”. So people, brace yourself for the big money windfall for Samy.

  44. Semi Value is giving empty promises again. Who is he in the eyes of UMNOputras and senior civil service officers? He is only a small nut in the eyes of Malay racial and religious extremist. However, he talked and behave like a lord when he is with the non-Malays, particularly the Indians; but a dog in the midst of UMNOputras!

    REMEMBER HIM! VOTE ANY OPPOSITION BECAUSE OF PEOPLE LIKE HIM IN THE BN!

  46. 116 pages ? If one understands the issue and cut straight to it why need to beat around with 116 pages?

    I am already confused by – and confess my inability to understand – this two paragraph sypnosis by Malaysiakini on what the majority court decided (Quote) “Saravanan and Subashini’s civil marriage can only be dissolved using civil law. The husband can still dissolve it under syariah law but it will have no effect in the civil courts….Saravanan did not abuse the process by converting his child because the consent from one parent is sufficient according to Article 12(4) of the Federal Constitution “.

    The minority dissenting judgment of Abdul Aziz Mohamad is more cogent and preferred.

    I quote Malaysiakini :

    ҉ۢ Saravanan had abused the process in seeking the custody of the children in the Syariah Court because the religious court has no jurisdiction over a non-Muslim marriage.

    • Saravanan’s conversion of the children is not unilateral and the wife has a right to object to the conversion as well as seek an injunction to stop the procedure.

    • The High Court has exclusive jurisdiction in matters of dissolution of marriage, maintenance, custody and other ancillary reliefs because the marriage was solemnised under civil law.”

  49. These provisions of constitution were cited by our ‘learned’ RPK in MalaysiaToday –

    “Article 12 (3): No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.

    Article 12 (4): For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian”.

  50. 2004 SUNGAI SIPUT
    Turnout: 30806 (65.8%)Voters: 46783
    Samy Vellu Sangalimuthu (BN – MIC) 18797
    Micheal Jeyakumar Devaraj (OPP – KEADILAN) 8562
    Sanmugam Ponmugam Ponnan (OPP – DAP) 2864

    composition of voter
    Malay/Chinese/Indian/Others 31.40/41.40/22.50/4.70

  52. In BN, everyone know what is the main plot to be in the government and what saves them at the end of the day.
    SV have been the best nominated candidate representing Indians majority and he have proven to be able to control the entire community through the last 28 years without much major issues.
    Like UMNO, once awhile MIC also have to do some wayng kulit to spiked their own kind and then come out with a working plan to resolve them which normally take place around the GE period.
    AS for as I can see, SV will stay for another term as no one else from Indian community are good enough to even be his student.

  53. I can’t recall another time when MIC, IPF and PPP came together to work on any issue together. It looked like signs of panic across their faces when these bitter rivals want to work together. Rats in panic together.

    But is it a formula for real cooperation or will the pressure break them apart openly? All it takes is for one rat to decide he wants more of the cheese than others think he is entitled to and mayhem will ensue.

    In the end, they will look to Badawi to give them enough goodies to spread around which may not be around given that MCA also wants more and UMNO is always greedy. The problem is that all of them want more than usually given out and if not enough is given out, they will never agree on who should get how much. So Badawi getting all these parties to work together? He is overestimating his leadership ability again.

  55. I want to add the News that came out In makkal osai today 27th Dec 2007,

    Its Front Page News with a warning from Samy Vellu
    (A talk during prayers at batu gajah temple)

    Those who have challenged me have gone into the ground and have been destroyed. Today I am keeping quiet and looking at the abuses hurled upon me, Do not think I am a fool. I know how to protect myself. I know the newspapers that are attacking me. At the right time I will sue them in court. At that time they will learn their lesson. God is wacthing me and the abuses hurled by the people. I am not stupid to let people to keep on attacking me! who are they who want me to resign? Let my voters tell me to resign. I have a job to do. Do not waste my time telling me to resign. It will never happen as long as my voters vote for me. I am going to go from Town to town to explain to the masses about our struggle.

    that was frontline news on the same newspaper which was attacking him. Of course, then again they too have much evidence against him. Another headline was of a former MIC strongman telling samy
    Choose a PERSONAL WEALTH OR COMMUNITY!
    http://jelas.info/2007/12/26/samy-anwar-the-kg-rawa-temple/#comments

  57. “Having said the above, the government should consider taking the initiative to heal the communal rift and foster the national reconciliation.” Jeffrey

    You’re realistic in your analysis – insightful. But I do not share your sense of optimism. I do not think this government is about to give up or even share power.

  58. Before Samy took over MIC…we had many Indians in Government Sector, many Indians in Education sectors, and many more…what do we have now??

    A success or failure of a leader is measured by what improvement he has brought to his community. When we say we are 50 years behind. That’s means (for those who have brain to thinks…MIC excluded from these brain people), our social economic condition compares to the other community is 50 years behind.

    For those in MIC (which have low level of intelligen), what we maent is that 50 years ago you can only afford to ride bicycle and the majority of the other races also can afford to ride bicycle only. This means, we are in par with the other races in term of our living condition. 50 years later, majority of Indians can only afford to own motorcycle, than we are better condition than Indians 50 years ago that ride bicycle.

    But when the other races in majority can afford cars and yet Indians can only afford motorcycle, than we are behind in term of social economic compare with other races. We used to be on par with other races, now we are far behind other races.

    That’s means we were 50 YEARS BEHIND.

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