Home Minister, Datuk Seri Syed Hamid Albar is single-handedly destroying the Prime Minister, Datuk Seri Abdullah Ahmad Badawi’s reputation that he is belatedly delivering his reform pledges though more than four years behind time by his refusal to immediately and unconditionally releasing newly-elected Selangor DAP State Assemblyman for Kota Alam Shah A. Manoharan and four other Hindraf leaders, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and T. Vasantha Kumar from Internal Security Act (ISA) detention.
Hamid’s comment on Samy Vellu’s call for the release of the five Hindraf activists could be used against the Home Minister himself. Noting Samy Vellu’s claim that his call was not a “publicity stunt”, Hamid said that was “his right as the leader of the Indian community to fight for the cause” and that “if he was in Samy Vellu’s shoes, he might have done the same thing”.
Clearly, Hamid had done the same thing and was not looking at the ISA detention of the Hindraf 5 afresh in the light of the unmistakable message of the March 8 “political tsunami” in wanting an immediate end to injustices and abuses of power like the arbitrary and unjust ISA detention of the Hindraf 5, but was purely looking at the issue in his capacity as an Umno leader who must defend his turf in the upcoming Umno General Assembly, subordinating and sacrificing his Ministerial oath of office to give top priority to national interests as the new Home Minister to steer the country from its past history of human rights violations and abuses of power particularly in ISA detentions.
In obstinately refusing to accede to demands for the immediate and unconditional release of the Hindraf 5, even without calling for an instant review of the ISA detention of the Hindraf 5, Hamid is showing utter contempt of the verdict of the Malaysian voters in the March 8 “political tsunami”.
Today is the second meeting of the new Abdullah Cabinet. The question is whether other Ministers, particularly from MIC and MCA, had raised in the Cabinet the issue of the release of the five Hindraf leaders under the ISA as a positive and responsible response to the March 8 “political tsunami” or whether the political culture of subservience and subordination of Barisan Nasional Ministers in the Cabinet has remained unchanged despite the March 8 political tsunami.
Syed Hamid is talking through his nose. He has not looked at the facts and situation to analyse and review.
He is so quick & emotional to jump into his personal conclusion.
If the detainees are guilty of any offences, then charge them in the Court of Law, for them to have a chance to defend themselves.
Not by some draconian measures like detention without trial, and hiding behind the outmoded ISA.
YB Lim,
Don’t waste you time. Whatever you say or do will not affect their decision on HINDRAF 5 ISA DETENTION !!!! What we can hope for is the defection of BN MP’s to form new govt. Then only we can abolish & demolish ISA to free the HINDRAF 5. Simple as that !!!!!
Although BN remains as government because it won a simple majority through gerrymandering of seats and other cheating methods in the march 8 general election (though proven but no action taken), but it was Pakatan Rakyat that garnered majority of votes. So legitimately, Pakatan Rakyat is the voice of the Rakyat. BN can only speaks for themselves, whatever Syed Hamid and BN said, where got credibility?
“What we can hope for is the defection of BN MP’s to form new govt. Then only we can abolish & demolish ISA to free the HINDRAF 5. Simple as that !!!!!” – merdeka
Right!
Not only that but give the top BN hierarchy a dose of its own medicine by applying the ISA to them.
Let them rot in jail like what they are doing to members of the opposition!
Let’s see what they’ll say!
At times, our leaders really talk no sense at all. I am sure many out there can do better jobs then all this Datuk’s! Shame on you UMNO. This is the outcome of the training that they get from their former boss. Mahatir!
Yes… I hope that PAD-PKR-DAP can take over Federal Govt.
as soon as possible, so that all the messes in this country
will be cleaned off one day!!!
Only through that way, we, Malaysians, can
have brighter future!
BN, don’t you know that no matter what you
all do, saying that you all want to improve
this and that, many people just WILL NOT
BELIEVE in you people anymore!!
You people will KALAH even BIG TIME
in the next election. I just cannot wait
to see that good future coming…
God Bless Malaysians! May Our Wish
Come TRUE One Day. No more BN
in the Federal Govt.!
and you have the IGP musa nodding deviously behind him
Change …. the only thing that is permanent in this world.
This guy is plainly lucky to able to retain his seat through GE12 as we all expected Johor state to be remained ‘unchanged’.
Anyway, these UMNO lads are no natural leader qualities that cares for rakyat. So , don’t expect anything good from them unless when GE is around the corner again.
We will keep the ISA as that what they intend to do from now and we will use ISA against all the UMNO lads when PR in power.
Let them taste what others have tasted before.
An eye for an eye.
We will make them all pay for what they have ‘taken’ from us by the next GE.
we salute the people of Zimbabwe
“The question is whether other Ministers, particularly from MIC and MCA, had raised in the Cabinet the issue of the release of the five Hindraf leaders under the ISA as a positive and responsible response to the March 8 “political tsunami” or whether the political culture of subservience and subordination of Barisan Nasional Ministers in the Cabinet has remained unchanged despite the March 8 political tsunami.”
Yes, the BN has always been based on dominance and subservience. I believe the DAP leadership presently is tenacious enough to withstand any attempt to dominate by PAS or PKR. May I propose that DAP and its PR partners quickly look at ways to institutionalise the equality among the PR members both presently and in the future. It is absolutely necessary that PR take this window of opportunity to “de-racialise” Malaysia politics forever.
BN is afraid that if the Hindraf 5 are released, the merit will go to the opposition. This will further weaken their position. That is why whatever things the opposition suggests, BN will reject.
Hamid Albar has been a deadwood minister for a long period. His participation in the present cabinet is still a shock for many of us. Pak Lah made another blunder by choosing him to lead the home ministry.
The release of 5 Hindraf leaders has long been over due and he ignoring the calls to release them is undoubtedly an acting against democracy. It is now the responsibility of Pakatan Rakyat to pursue the cause.
PR should consider sending a memorandum to Pak Lah and Agung signed by all 82 members supported by NGO groups for the immediate release of all 5 ISA detainees. It must be noted the 82 members represent about 50% of Malaysian voters who love this country and who are also convinced the 5 Hindraf detainees are not a threat to this country.
Natural for all the ‘al Tiduri’s cronies’ to deny our request…takut drop ‘water face’. That does not mean we’ll be giving up on the matter..will we? When you meet at the Parliment for the first time…show them the colours of Pakatan…biar dia rasa ! Its not only for the 5 Hindraf but also many others who were framed under ISA. Dear DSAI, you know how much it hurts to be held under ISA…you’ll get your share of fun soon. Meanwhile, fight for our brothers in Kamunting !………
MANSUHKAN ISA !!!
BEBASKAN ORANG ORANG YANG TIDAK BERSALAH !!!
ERA KERUNTUHAN BN DAH HAMPIR……….
WE RULE !!! Makkal Sakthi
Mr. Sammy shud seek forgiveness from Hindraf 5 and majority of the Indian who took part in Hindraf, as an Indian elected by the MIC grassroots, he failed to prevent govt. use of ISA.
The New PR should bring this up as an urgent matter in Parliament unless there is no confidence vote tabled first.
ISA may still be needed but should be subject to judicial review after 30 days. We should not blame the cops for this law.
http://malaysiawatch3.blogspot.com/2008/04/police-force-has-capability-it-is-just.html
Hamid Albar was removed as Foreign Minister to mitigate the outcry of the impending loss of Pedra Branca to S`pore.
What Abdullah reputation ? His has only one reputation – a non-playing captain who thinks that he is the best player on the pitch.
Seriously, they will not release the Hindraf 5 – or bring forward promised reforms – in this time of weakness. They will release the detainees only when it suits their political mileage to do so.
I agreed with Godfather.
My opinion is that majority of the Rakyat from the 5 states has rejected them, the Sultan & Agong has done the same, now do you think is the right time for them to bow or “kow tow” to the opposition?
Now we must all wait patiently how Pakatan Rakyat can help drive reform.
On BBC`s HardTalk, Hamid Albar said the M`sian Indians were better off.
By extension, those in detention have to be better off than not under detention, so there`s no need for Hamid to free them.
u want black power…….. go to zimbabwe
Cant a petition be given to the King and Sultan of Perak seeking their release?
Now polis harassing Guan Eng and wasting his time. Polis very good in investigating UMNO complaints but not very good in catching real criminals. When UMNO raise kris and make inflammatory remarks, its OK no need to investigate.
Guan Eng Not Spared In NEP Probe, Says CPO
PENANG, April 2 (Bernama) — Chief Minister Lim Guan Eng is not spared from being summoned by the police in connection with investigations into his statement that the open tender system will replace the New Economic policy (NEP).
Acting state police chief Datuk Salleh Mat Rasid said recording a statement was a normal procedure in police investigations.
“Anybody can be hauled up to give a statement to assist in investigations, including the chief minister.
“This is normal in the course of investigations,” he told reporters after launching a blood donation drive in conjunction with the 201st Police Day at the northern region marine police base in Batu Uban.
Police are investigating the matter following a police report lodged by lawyer Abu Backer Sidek Mohamad Zain on March 14 that Guan Eng had made a “very sensitive statement” to the Malays.
Asked when police would call Guan Eng to give a statement, Salleh said it depends on the progress of investigations.
Salleh said police would also record statements from reporters who covered Guan Eng’s press conference on the open tender system to be implemented by the DAP-PKR coalition state government.
Guan Eng is said to have made the announcement after being sworn in as the chief minister.
“There’s nothing to worry about, it’s a normal procedure. When a report has been lodged, we’ll investigate. We record statements to establish whether there’s a strong case or otherwise.
“If there are incriminating evidence, we’ll charge in court,” he said.
Salleh also announced the promotion of Seberang Perai Utara OCPD ACP Wan Abdullah Tunku Said as the Penang CID chief, succeeding Datuk Abu Samah Mat, who is also going on promotion as the Kuala Lumpur deputy police chief.
The handing-over ceremony would be held on Friday at the Penang police headquarters, he added.
— BERNAMA
Use brain to think before making any actions or statements … DAP no longer a opposition but executing state government now …
u have to know that u r against a power that playing laws on their hand …
Dont touch on the DEP at this critical moment, DAP should use ur intelligence to handle it in a smart way … i believe LGE will have problem soon, may be even have to be jailed, as the 2 journalists are questioned by police in this issue …
PKR and PAS dont even shout loudly against DEP in kelantan and selangor … coz they know the consequences … why LGE so rush to give the statement for “transparent open tender” … cant wait for a while?
Reacting without careful thinking will only harm you, as the power can turn things that legal to illegal, and vice versa …
Further more, stupid ppl also know that LGE will be targeted and even jailed with excuse “touching on sensitive issue like DEP policy” … but the actual reason is they fear that penang goverment will expose more and more corrruption cases … and this is a warning to DAP …
think smart before talk and act …
abolish the draconian law ISA, OSA, PUBLICATION ACT….ect, very soon… by the PAKATAN RAKYAT-PEOPLE ALLIANCE! wait n see, not kidding.
HINDRAF’S CHAIRMAN:”UTHAYA DOESNT NEED FREEDOM INITIATED BY SAMY VELLU”.
http://makkalsakti.blogspot.com/2008/04/hindrafs-chairmanuthaya-doesnt-need.html
Let’s (the rakyat) lodge a police report against lawyer Abu Backer Sidek Mohamad Zain for defamation. Misinterpretating the info, and defaming YB Lim Guan Eng, sue him for RM 4 millions
I will go Penang Police station Head quarter to lodge it.
Anyone know where this lawyer lived in Penang? where is his law firm situated? is it in Penang or mainland? i will go check who’s behind him and let you guys know.
“Abu Backer Sidek Mohamad Zain” don’t know how much to pay a lawyer to make police report.
Abolish the draconians laws as well as abolish BN , uMnO in particular , even in defeat they are so vain, they think they are the untouchables, good grief , Mafia is no match for them. Dirty
B A S T A R D S. Barisan Rakyat show them the boot . We’re sick of these people, Mahatir , shut up pls, you’re the one who created this party who rule like gangsters, now you are trying to undo the damage, too late ,piss off and have a good ritirement, enjoy your ill gotten wealth.
lakilompat,
U lodge report also no use lah. U have to see the conspiracy behind …
Hisap-Pudding waived weapon also can legalize it as “untuk bangsa dan agama” … police report also lodged, but got investigate him like how they investigate LGE case or not?
They will not touch on Anwar Ibrahim and Hadid Awang … will only targeted towards LGE … dont believe? They open ur eyes big enough to see it soon …
So DAP, please use brain to think before make statement .. dun use ur butt to think …
From my blog yesterday–
“Our Prime Minister, Datuk Seri Abdullah Ahmad Badawi has been promoting the principle of Islam Hadhari since 2004. It is said that Islam Hadhari is suitable UMNO and nation as a whole. Is detention without trial part of Islam Hadhari principle that Abdullah or UMNO leaders trying to promote? It is high time for the Prime Minister to share with Malaysians on ISA role in Islam Hadhari.”..
I think the police is just a tools, but is good YB LGE now is the best chance to screen which police offiers are good and which are not, those UMNO police leader should be replaced.
If all the DAP & PKR lawyers jointly make police reports against this lawyer, for defaming against PR leaders.
This is a good chance to show the rakyat that UMNO continue to sabotage the state govt. to its leader, and its planning.
BBC, CNN , Channel Newsasia should come and make a documentary and expose all the tactics being deployed by the ruling gangster govt. so that the pertinent international bodies can list Malaysia as one of the most undemocratic , corrupted , and moronic govt in the world. , another first for Malaysia , very soon Indonesia is gonna be better than Malaysia in most aspects.
lakilompat,
that’s why i said must think properly … ur idea will only make the thing worse …
The UMMNO putra will take any opportunity to have a rally and the consequences will be opposition leaders are detained under ISA … and for sure most of them will be from DAP …
During 1987, rally held in kampung baru, banner with words like “soak it (the keris) with Malaysian Chinese blood” … with the conspirary to ruin the situation and giv excuse to detain opposition leader …
Act like a state government, not act like a opposition anymore … u have to know wat is the situation in Malaysia … especially at this moment where the UMMNO having chaos internally for their leadership … and i forseen LGE will be targeted to solve their internal issue .. coz traditionally in Malaysia, whwn the race having unity problem internally, the best and easierst way is create hate towards other races by the politician …
use brain to think lah … a bit a bit want to react so fast without thinking …
It`s a good idea to make a PR against that lawyer. Then the police have to investigate his report and either clear or charge LGE.
If they clear LGE, then the lawyer has to be charged for making a false report.
Ha ha 1
ric23 is scared shitless because Acting chief of police wants to question YB Guan Eng about his comment on the NEP.
When Guan Eng made the statement there was universal agreement from Malays, Chinese & Indians that this was the right thing to do.
When he said struck a chord in all justice loving Malaysians.
He made the comment in the context of open tender for bidding for Penang govt contracts. Subsequently Sgor,Perak and Kedah said the same thing. Even some BN ppl come out to support it. The only people who oppose were the cronies and the guys demo in Penang.
So, whose opinion more impt ? The rakyat or the cronies?
ric23 should see what is really going on, ie ,if one cont to talks about NEP, the police will come after you – ie, intimidation.
ric23 shouln’t shiver and shake the moment there is the merest hint of police coming after you. The police only say they want to take a statement from GE and not arrest him.
If this if what ric23 says that because GE made the staement heis talking from his butt, then I say ” Guan Eng – please talk more from your butt”.
Tickler,
That sounds good, but it only happen to a democratic and transparent country …
when ppl can bring 2 million cash and detained in australia, but no investigation made … an exco can have a multi million palce built, but no investigation made …
u think u will be treat fairly? I can say it will give excuse and opportunity for them to make the situation out of control …
If Syed Hamid has any brains at all ( which I seriously doubt, judging from his track records), he would have releeased the Hindraf 5 as the first gesture of a reasonable man. But then Syed Hamid is also not a rational person, so…..expect very little from such a person.
Come the next GE, Syed Hamid must feel the keen edge of the boot!
Makkal Sakthi.
Oh, Syed Hamid may wish to arrest Lim GE too, eh? Well, if he has any brains left, he should not try such a misguided adventure-LAH.
“u think u will be treat fairly? I can say it will give excuse and opportunity for them to make the situation out of control …”
And I have to disagree with you. Thgis lawyer is a small fart, Hindraf was such a bigger issue, there are 5 in detention and it did not get out of control as you fear this would.
No, make the report against the lawyer. If the cops don`t do nuthin, at least it opens the way for LGE to pursue the lawyer with a civil suit for damages.
“On BBC`s HardTalk, Hamid Albar said the M`sian Indians were better off.
By extension, those in detention have to be better off than not under detention, so there`s no need for Hamid to free them.” – Tickler
No, that Botak Hamid is talking about himself. He’s definitely better off than any other ….oops isn’t he Indian? …kacang lupakan kulit! He looks Indian alright. What is he?
In Malaysia, laws are drafted to protect the rich and powerful, YB LGE is not rich and not powerful (most opposition has no power even they win 5 states so what? BN is business as usual – arrogant).
I really “beh tahan” BN, till i wanna vommit but i admired YB LGE bravery. Let’s all support YB LGE to eliminate Cronies!
Tickler,
If u r a malaysian, u should know wat is the situation in malaysia and the history of malaysia … dun live in fantasy …
Their mindset is “kita pantang dicabar” … try to see the conspiracy behind … The “advisor” of Abullah will use this opportunity, to ask their supporter to have another rally and demonstration … the motive is to create choas … when this happen … the population of their own race will forgot everything and united easily …
In the Malaysia history from the era of tunku abdul rahhman until now … this is the best way to strengthen their leadership or to urge their leader to step down …
think wise, act wise and use the intelligence to solve problems …
there are many ways to solve a problem … a drastic action without proper consideration … will only give the enemy a chance to step on you …
BN are just waiting Opposition to strike, then they can declare “Darurat” Najib shukoi jets, tanks, and paratroopers are ready to land in these 5 opposition states to claim back what belong to them. Also to enforce the fierce statement made by Pak Lah “Kita pantang dicabar”
At this stage what reputation is left of AAB?. Nothing much worth talking about. He is now just the PM for himself, his family and circle of cronies. For the rest of the other Malaysians, there is no PM at the moment. The country is on cruise mode.
When even his predecessor, who hand picked him rejects him, then that’s the end of things.
To be powerful u need to have money, with money ppl will respect u, police will respect u. U guys remember during DAP ceramah a police made a police report at Ayer Hitam Police station because he’s been hurt (emotional). Money can buy his emotion.
lakilompat,
last time u said u apply for DAP membership …
in the application form, what should be filled out for this section?
(1) Name of branch
(2) Code No
(3) Name of Parliamentary Constituency
(4) Code No
I though these should be assigned automatically?
“They will release the detainees only when it suits their political mileage to do so.” Godfather
Exactly the sentiment expressed by a growing number of commentators on this blog!
Decades of pressure from human rights groups have not stopped their abuse and arbitrary use of the ISA, what makes you think they’ll reverse course now? Oh yes, they will eventually but at a time of their choosing and probably not until they have extracted some sort of ‘committment’ from the five and their families. There is no Mahatma Ghandis among them. They are also husbands and fathers who would like to be left alone to take care of their families.
Human rights groups and similar organizations need to keep the pressure. But do not expect their release anytime soon!
“No, that Botak Hamid is talking about himself. He’s definitely better off than any other ….oops isn’t he Indian? …kacang lupakan kulit! He looks Indian alright. What is he?” Jong
[deleted]
Syed Hamid Albar is not Indian but Malay of Arab descent. Syed Jaafar Albar better known as the Lion of Singapore is from Indonesia, first generation Indonesian of Arab descent. Hamid is definitely not Indian!
Fear of the ISA itself may cause them to rethink this unjust law.
After all it will only take a few dozen “frogs” to change the power equation and the thought of another person wielding the ISA Power may be sending chills down some people’s backs.
“If u r a malaysian, u should know wat is the situation in malaysia and the history of malaysia … dun live in fantasy …”
Also maybe I`ve `makan garam lebih dari awak” :)
I`m being realistic. make the report, then sue the pants off the guy. He`s a lawyer, he`ll be hard put to defend himself.
Your way is to say die – and with that Pakatan Rakyat would never have come into being. they fought for it.
ABOLISH THE ISA?
Post 9/11 many countries have adopted similar legislation. The U.S. Department of State has stopped calling for the repeal of this Act by the Malaysian government the way it did before 9/11. In fact the U.S. took a page out of Malaysia’s experience in combating terrorism when it passed its own equivalent now known as the U.S. Patriots Act and the Real ID Act. It even provided for the suspension of habeas corpus.
The Brits introduced the legislation to British Malaya (then known by its generic term “Emergency Regulations” ) to help the government fight terrorism which formally ended in 1960. The Brits are still fighting terrorism in Ireland and still have their Internal Security Act. Singapore has used its Internal Security Act to detain Islamic terrorists. Canada has introduced its own Anti-Terrorism Bill as many countries have done – post 9/11.
Now that the world is fighting the worst form of terrorism, and against enemies who look upon death as a welcome release, it may not be wise to call for a complete repeal of a piece of legislation which has served us well during the Emergency years. We were then fighting a form of terrorism which did not espouse martyrdom – unlike today. Today the world is changed forever and we need to look at this kind of legislation through the colored prism of that singular event we refer to as 9/11.
The original Internal Security Act had safeguards against abuse built into the Act which the BN government through their two-thirds control of the country’s Parliament saw it fit in 1985 to remove by way of amendments i.e. the all important right of judicial review. We had politicians since who fought the elections using campaign promises for a more free society and a more liberated and liberal media – only to claim to ‘see the light’ when they won the elections, making a token release of prisoners detained without charge and trial. Others are left to languish in prison to await the results of their rehabilitation into ‘more responsible’ citizens.
Rather than abolish the ISA in toto ( we should revert to its orginal form which has built-in legal safeguards against abuse or its arbitrary use) we should ‘abolish’ those who use it for purposes unintended by Parliament when it passed the law. It is important that we not throw the baby out with the bath water.
Suffice it to say that the “evil” lies not in the legislation as originally drafted but in its arbitrary use and abuse.
‘Fear of the ISA itself may cause them to rethink this unjust law.” H J Angus
Are you expecting to see the continued use (and possibly abuse) of this legislation by the alternative coalition should they be running the government?
An interesting thought!
Waythamoorthy is right Samy Vellu owes the families of the 5 detainees an apology.
Remember, Malaysians owe Samy Vellu a big thank you, for without him Hindraf wouldn’t have come into existence, without him its leaders wouldn’t be in jail. Don’t forget, Samy Vellu is the architect, who drew the biggest plan of his life – his own downfall! He should be credited for putting M. Manoharan into the state assembly, so after receiving his apology, Mrs. Manoharan mustn’t forget to thank him.
The judicial reviews of the ISA should be brought back to prevent abuse.
It is refreshing to see Donald Lim doing what he had done, hope it is not just an act of expediency but a true change in the thinking. It is a good precedent for the other politicians in the BN fold to follow. Start speaking up for all Malaysians, and not only for those in your own party or those who come from the other component parties.
It is plain what had brought down the BN, if the message has got through, it is good
“The judicial reviews of the ISA should be brought back to prevent abuse.” Tickler
Agreed.
Jeffrey QC,
Please could we have your thoughts on the issue of judicial review and the Supreme Court before the BN run government bulldozed the amendment!
i.e. bulldozed the amendments through in Parliament without so much as a discussion like it always did with controversial amendments and introduction of controversial legislation.
It is not “judicial review of the ISA” but judicial review of the Home Minister’s use of his discretion which could be mala fide his powers.
undergrad2 19:24.59
Thanks. Yes that sounds more like it should be.
That judicial review of the Internal Security Minister’s use of his discretion – may I know in which legislation it should be incorporated?
[ ]
Section 8 of the ISA specifically prohibits the courts from exercising their inherent jurisdiction of judicial review of executive acts and decisions made under the ISA.
Restoring the inherent powers of judicial review to the courts will allow the courts to closely examine and ascertain as to whether executive decisions taken under the ISA have been made strictly in accordance with the letter and spirit of the legal requirements provided the ISA (and also in the case of other similar Acts such as the Official Secrets ‘Act where the court’s power of judicial review has been excluded). Restoring the court’s power of judicial review will in no way diminish or compromise the power of the ISA in effectively dealing with genuine threats to national security.
The ISA will continue to be effective in safeguarding the nation’s security but without the fear of it ever being abused.
[ ]
http://thestar.com.my/news/story.asp?file=/2008/3/17/focus/20666343&sec=focus
It may interest readers to know that in 1987 Joshua Jamaluddin and Hilmy Nor, both Muslims who had converted to Christianity, were arrested and detained without trial for two years under the Internal Security Act. Lawyer Lee Min Choon filed for habeas corpus on behalf of Joshua in High Court and succeeded. The government failed to show sufficient grounds for his detention and had wrongly exercised their powers.
This was before the right of judicial review was removed by Parliament.
Jamaluddin bin Othman v. Minister of Home Affairs Malaysia [1989] 1 MLJ 368.
Yes, Tickler I’d agree with you and with the writer Deva. Prior to 9/11 speaking for myself I’d have liked to see this legislation replaced by some other legislation. We’re living in a post 9/11 world.
AAB, Syed Albar and that cowboy Ali Rustam, are fighting for their political survival just like the other racist guys in UMNO.
Even if their conscience says what they have done to the Hindraf 5 is morally and legally wrong, political expediency expects them to maintain the status quo.
All the great UMNO stalwarts have to show that they are more Malay and holier than the next fellow to garner votes from those like them at the Umno General Assembly scheduled in December.
If any in UMNO or even the BN component parties were to suggest that the Hindraf 5 be released, they will have to do that at the expense of their political career. SV demands for their release at this late hour because he has nothing more to lose. Ng Ka Ting, won’t raise a whimper. He is on a tight leash. Even a whine to release the Hindraf 5 from him would get him castrated for good by his UMNO masters.
There won’t be a judicial review of the ISA in the near future.
At stake is to stop the UMNO ship from floundering and sinking! The ripples of another tsunami is already evident. More and more UMNO members are clamouring for the resignation of AAB. The leader of the wolf pack baying for his removal is none other than Mahathir.
The person who stops AAB from doing the honourable thing is none other than his s-i-l, KJ.
KJ and his cronies wouldn’t want Pak Lah to rock the boat that is already in very turbulent waters. At stake is KJ’s pollitical future.
And if it`s KJ`s future at stake then Param has advised him well already in preparation for a 7 year stint for his nemesis in Sg. Buloh (as Anwar did).
The first line of defense being attack we might see some excitement soon:
http://www.malaysianbar.org.my/letters_others/what_happened_to_probe_on_mahathir_.html
For non-lawyers, ‘judicial review’ is the “court’s power to review the actions of other branches or levels of government especially the court’s power to invalidate legislative and executive actions as being unconstitutional” – Black’s Law Dictionary.
If detained under the ISA, the detainee today does not have the right of judicial review because that right has been statutorily removed soon after that Jamaluddin decision in 1987.
Jeffery QC can help fill in the gaps.
ooops should be 1989. Jamaluddin spent two years in detention during which period he was beaten and tortured.
(The Malaysian Insider) KUALA LUMPUR, April 2 — The state governments of Penang and Perak continued to announce initiatives today which will stump the Barisan Nasional and put it on the defensive.
In Perak, the newly-minted Menteri Besar Mohamed Nizar Jamaludin said that his state government will issue permanent land titles to all new villages in the state.
Some of these villages have waited years for their land titles to be extended but their pleas have often fallen on deaf ears. Under the existing system, land titles for houses in new villages can only be extended from 30 years to 60 years.
In the run-up to the elections, villagers were hoping for the state government to extend the land title to 99 years. If Nizar goes ahead and issues permanent land titles, this will be a bonanza for the villagers, mostly Chinese and Malays. It will also put Datuk Seri Tajol Rosli and his BN colleagues in a bind. For many years, they made promises to the villagers but did not deliver.
In Penang, the state government announced that it will appoint independent auditors to inspect the books of state government departments and town councils, leading with the Seberang Perai Town Council. This move will send shivers down the spine of BN and government officials.
Chief Minister Lim Guan Eng has already said that he will introduce an open tender system and is relooking some controversial land deals. Appointing auditors to go through the financial accounts of government departments could be akin to opening a can of worms.
The Insider has learnt that Perak, Selangor and Kedah may also follow suit an appoint independent auditors to check the financial status of state agencies.
http://www.malaysia-today.net/2008/content/view/5398/84/
BN still hasn’t heard the voice of the people and it is obvious that syed hamid though he is destroying the sleeping PM’s rep but we gotta take into account that he represents the mullah. he may even be speaking waht the mullah had told him. whether BN lets go of the hindraf 5 or not, we salute pakatan rakyat for bringing this issue up. the mullah’s time will be up soon..
Abolish the ISA. Fat chance! Some of you must be building castle in the air. Without the ISA the Umno-putras will be powerless. It is the most potent weapon in their arsenal. Most suitable for using against the DAP and their next target could well be LGE.
As everyone knows that they cannot accept losing Penang, not to the DAP anyway.
Remember what happened to Pairin? They will create so much hooplabaloo until the state government collapse and then they will regain the state.
Politics is dirty, everyone knows that, just go to the nearest kopitiam and they will drive this point into your head.
Syed Hamid reminded me of his hard talk in The BBC lately.
The way he comments on Samy statement is just like what he had spoken in the BBC hard talk.
Comments : He talk like a school boy , so childish after being so many years in the cabinet. Arrogant !!! senseless !!
(Bernama) PUTRAJAYA, April 2 — Datuk Seri Abdullah Ahmad Badawi Wednesday denied speculations that he would step down as prime minister.
Abdullah reiterated his stand that he would not run away from his responsibility as the prime minister.
“I am here. I am here. I am here. They make all the speculations that I want to run away, I’ve resigned. Why should I resign.
http://www.malaysia-today.net/2008/content/view/5395/84/
(STAR) PUTRAJAYA: The five Hindu Rights Action Force (Hindraf) leaders have been victimised by the Internal Security Minister, who abused his powers when he directly resorted to issuing detention orders against them without arrests and detention pending inquiries, the Federal Court heard.
Counsel Karpal Singh said the detention orders made by the minister amounted to an exercise of dictatorial powers.
“This is not a police state where a minister can exercise his discretion as he likes. Therefore the Judiciary is the last bastion to prevent excesses of the Executive,” he said, adding that the apex court should act without fear or favour and rule that the detention order against the five Hindraf leaders was unlawful and void.
http://www.malaysia-today.net/2008/content/view/5391/84/
undergrad2
“Are you expecting to see the continued use (and possibly abuse) of this legislation by the alternative coalition should they be running the government?”
If the law remains, it will be a temptation. After all Shakespeare says “There is no art to find the mind’s construction in the face”.
H J Angus,
Put it this way, H J Angus. One day the Pakatan Rakyat may be running the government. It is no longer impossible post March 8, 2008. Would it not be poetic justice if nothing more to put BN politicians from the opposition who threaten the security of this country, under detention for two years?
Of course, in the interest of justice, the person detained under the Act should have the benefit of the right to judicial review of the Minister’s decision as did Joshua Jamaluddin in 1989. The definition of “threat to national security” should also be given a narrow interpretation by our courts.
This is what you said earlier.
“ISA may be necessary in post 9/11 era but it must be subject to judicial review whereby a judge must be satisfied there is sufficient evidence to warrant further detention.”
I agree. The need for legislation like the Internal Security Act cannot be overemphasized especially in a post 9/11 world. It should be available as a tool in our tool bag to be used but used sparingly and in appropriate cases to detain Islamic terrorists to await trial. It is not supposed to be used to stifle political dissent, detain politicians and political activists indefinitely without charge or trial.
Imagine throwing keris-waving fanatics who threaten the security of this nation into the slammer for two years to cool off!
“Imagine throwing keris-waving fanatics who threaten the security of this nation into the slammer for two years to cool off!” – undergrad2
Brilliant suggestion indeed, I sokong! :D
I WILL NOT RESIGN !!!
I DONT WANT TO RESIGN !!!
DONT WORRY…..WE (PR) WILL KICK YOU OUT !!!
BN IS FINISHED !!!
BN IS HEADING TO THE ISA !!!
WE (PR) ARE THE GOVERNMENT NOW !!!
MAKKAL SAKTHI !!!
Might as well throw that Kera Jahat in as well. Remember he led his mat rempits to burn down the Chinese Assembly Hall in KL?
correction: “to threaten to burn down…”
If the govt wants to be fair to the five hindraf leaders, they should have released then with no contition b’ cos they didn’t do anything wrong.
Hi YB Lim
We should take OVER the new Goverment and release the all ISA who is not threat to the Goverment.
Few UMNO teams to place them in the ISA
Apparently, they are not in the business to be fair.
Uncle Lim
The days of PA are still young, it is wise not to give any statement to the press unless it is absolutely necessary. For example, there is no need for Penang CM to tell the press that they are engaging auditors to look into matters etc etc. Just say very briefly that matters are being studied and result will be released in due time. No need to go into the details at all. The rakyat only need to see the result, not the whole step A-Z procedure of how result is obtained.
Just make swift but sweet and yet true remark. Any major statement (after taking into account of every legal aspect) should be made through PA’s press secretary or join leaders of PA in a press conference.
PA is no longer opposition in the 5 states, BN will try their best to hit back at any & every seemingly small issue & blow it up. After all they still control the police, ACA & what not machinery.
Take care & God bless!
Rumour has it that Mugabe is looking for a safe haven after losing the Zimbabwe elections. He is considering Malaysia.
Will the BN government allow it should he apply to come? Will Mahathir support his request to come here?
The hole in the BN ship caused by the recent election is beyond repair….their leaders and supporters are pretending it is OK, with a plan to jump ship for safety when the time is right.
Our Home Affairs Minister is as thick as two short planks who hit the big time, and walks tall as a result of help from his cronies- it’s hardly surprising he can’t think out of the box, what a bunch of jokers!
With Mugabe looking for safe haven in M’sia, BN is probably planning to welcome him with red carpet – a great hero/warrior fighting for his people with more than 80% unemployment, gross excesses and abuses, rampant corruption, crimes, inflation rate of more than 10,000%, gross mismanagement of the economy and etc……..the double M is now one with many stories to share with each other.
Pak Lah would rather go help a 130 pounds per hr maths prodigy dilemma overseas rather than release the Hindraf 5 to serve the rakyat and for the benefit of the people.
What kind of leader it is, there are many Malaysian been victimized overseas but why PM wanted to help using the rakyat money, not help the ppl who serve Malaysian within. Can Pak Lah afford to pay her RM 1 million to get a new lease of life?
What kind of govt. blunder is this?
“The person who stops AAB from doing the honourable thing is none other than his s-i-l, KJ.
KJ and his cronies wouldn’t want Pak Lah to rock the boat that is already in very turbulent waters. At stake is KJ’s pollitical future.”
MauriyaII
Agreed. At stake is KJ’s political future and the future of the 4th floor boys, including Norza, Reezal, Shukur, Azim…..It is not the future of the 60-something year-old Badawi who would rather go to Perth with his wife.
BN have seen enough of UMNO cheatings … and the worst of all lying to their own kind over and over again.
Most of the component parties in BN have been staying away from UMNO desperate plan to create ‘havoc’ in Malaysia.
Whatever UMNO is saying now, it’s purely ‘lies’ and ‘lies’.
We are thankful that the Malays have realised what have been happening and how UMNO uses the Malay rights to swindled country wealth and leavingthe Malays ‘crying’ for things that were only painted for.
UMNO, you will not destroy all Malaysian hope this time.
You are not against PR , it’s the Rakyat that are against you now.
We have enough forces to walk this battle to kick all of you out and we will drown you with all the sins that you have committed.
History always leave behind enough tracks for PR government to take action against all of you.
So … UMNO .. Rakyat is going to run you down.
when u are against a devil, u must be patient and react using experience and intelligence …
fair play, democracy, makka sakti, human rights and transparency … these would not take any effect on devils …
http://my2cents2u.blogspot.com/
Like Shakespeare’s Richard II, Doelah could only lament:
“O that I were as great
As is my grief, or lesser than my name!
Or that I could forget what I have been,
Or not remember what I must be now!”
those are nicely drawn crocs… :)
Anyone heard abt. Krystal mosque
1) The cost suddenly inflated
2) The Kiblat is residing in wrong direction
3) The room & space too small
4) Landscape is bigger and costlier than the interior
5) Agong was not been invited to officiate the mosque opening. They rather invite Pak Lah to officiate the mosque.
6) Situated on an island (but now i heard they build a bridge) – normally a mosque must be build near a community to serve the ppl. How can ppl take boat to pray every friday?
Monsoon cup
While the poor Terengganu fisherman looks on, millionth of dollar poured to the sea for foreigner yacht team, Malaysia team not even in the rank. It cost RM 250 million who’s behind? Khairy.
uncle kit, why dont u become the PR leader? Perhaps the next prime minister. Coz you seems to know what is right and what is wrong. So take your rightful place please and lead this nation to greater heights.
Someone wrote …. “Then only we can abolish & demolish ISA to free the HINDRAF 5. Simple as that ..”
I doubt if that’s that simple. first to change you need the 2/3 majority and what would be scaring if the PRakyat then make the EXPECTED decision that the ISA is after all beneficial and effective for our nation security.
Sad, Sad & Sad…. what else can we feel…. know what, a lot of senior ppl in local big companies have plan to migrate …. :(
At the moment, the only person who can lead this nation is “Datuk Seri Anwar Ibrahim” as he can united the Malay, Chinese and Indian, also within DAP, and PAS. Some Penangites attend the DAP ceramah not becos of the DAP leaders (except YB LKS and YB LGE) they attended it to hear DSAI speech. DSAI has many supporters within Malaysia & overseas. He has travelled to many countries & met their leaders, and accept Chinese cultural, Nurul Izzat study chinese as 2nd language in university. During his detention, he also study Sun Tzu art of war, Confucius, and chinese literature. Chinese very hard to find a leader who respect other race culture, have u seen Pak Lah & Hishamudin praise abt other race or attended their festivals?
lakilompat.
you seems to worship idol.
“at the moment , the only person who can lead this nation is dsai , as he can unite the malays, chinese and indians.”
can you lakilompat tell us all, HOW CAN PKR WITH ANWAR IBRAHIM AS THE DE FACTO LEADER could have the funds to contest the x numbers of state and parliamentary seats in Malaysia. ???
dap had to resort to raising funds BUT NOT your idol dsai.
work out the salary of dsai , and his family, and weigh that against the amount of ringgit used in the general election. any clue ??
dsai was a product of nep too.
The 4th floor boys better start shredding their “haram documents” sooner than they need to.
I think that LGE did the right thing by doing away with the NEP and institute open tender for projects. We all (including the Malays) know what the NEP is all about. And he did it at the first opportunity.
That shows how unwavering his reslove is in putting things right.
If the so-called UNMO “leaders” wanted to cause trouble, they have plenty of opportunities to do so. So, why fight shy of doing the right thing?
By taking things out on LGE, the stupid “leaders” have seen the last vestige of goodwill from the electorate completely evaporated!
The last nail has already been hammered into their coffins!
I like gofortruth’s advice about not making too many grand statements about possible cases as the other side is always seeking ways to block any action.
The less said the better untill the case is watertight.
There is a saying, “Walk softly but carry a big stick”.
UMNO is an apartheid government as the international community need to pressure and even impose sanctions on UMNO leaders until they abolish ISA and free all the innocent Hindraf victims.
No bridge from Petronas even it only takes 0.041 per cent or RM3.5 billion from its annual oil revenue of RM85 billion to build the bridge!
http://malaysiakini.com/news/80805
Our PM’s outright refusal of Penang CM’s request without spending some time on its feasibility may on the surface shows that BN is still in charge and Penang is at the mercy of the Federal BN government. Internally,the citizens of Malaysia will see this as our PM is still being very arrogant. However internationally by doing so what kind of image/signal is BN government giving to foreign investors?
If we can’t even use a small amount of our money to invest in our own infrastructures, it must be EXTREMELY dangerous to invest in Malaysia! Tell me, which foreign investor would dare to come in? They will surely look elsewhere in other countries like Vietnam,Thailand & Indonesia etc etc.
Search our hearts who is destroying Malaysia? Who is a real threat to Malaysia?
Well, this is a good move, now Pak Lah have to face the consequence of his rejection.
To all Penangites, if you want 2nd Bridge free, we must eliminate BN for PR to install the new govt. and fulfilled the request.
“Makka Sakti!”
Mr. Cruella is absolutely cruel….
WHAT about the minister of tourism cancelling the mou signed with the states controlled by PR. and like the wang ehsan be channelled to a committee of bn head .
PATHETIC. SORE LOSERS- BN.
.
They will start to delay & deny state funds. All opposition state prepare to “5had.” Since they are prepare to give up, why not before they left, pack all the luggages, the Petronas revenue and billionth of contracts. Just give Mike Tyson a call he will arrange everything.
forced to learn self-sufficiency….
It probably would be hidden costs to redo the Penang Bridge financial arrangements as isn’t the agreement also one of the usual secret deals?
http://malaysiawatch3.blogspot.com/2008/04/penang-bridge-too-far-for-petronas.html
LKS Blog Helpers,
Please publish my mail. I do not like you censoring
my last mail!!
It is a FACT and I want you to publish it now!!!
Hello, Abang SYed Hamid,
Now MIC, GERAKAN and MCA all said “RELEASE HINDRAF 5”. Now, where u want to ‘tutup muka kau’, malulah.
Where is the security risk? I once had a ‘brainless’ bird, I named SH-lah.
My God! Endangered Hornbill! I thought you were a guy!
Talking about ‘shame’ it comes with a price tag.
Clipping from The Star
Thursday April 3, 2008
Thorough probe was done, says A-G
By RAPHAEL WONG
PUTRAJAYA: The Internal Security Minister had issued detention orders against five Hindu Rights Action Force (Hindraf) leaders after police had completed investigations against them, the Federal Court heard.
Attorney-General Tan Sri Abdul Gani Patail said in this case, a thorough investigation was conducted by the police and following the report, the minister had found them to be a threat to national security and public order in the country.
He said defence counsel Karpal Singh had eluded the part of the detention in which the minister stated that police investigations revealed the Hindraf movement had incited racial sentiments and hatred towards the Government.
“Looking at the matter objectively, one cannot say that the minister went on a frolic on his own,” he said, urging the court to dismiss Karpal Singh’s submission as mere baseless conjecture.
Abdul Gani added that the minister was the proper person with unfettered discretion to issue the detention order.
M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar are appealing against the High Court’s decision on Feb 26 to dismiss their habeas corpus applications which they had filed seeking their release from what they claim as unlawful detention.
High Court judicial commissioner Zainal Azman Ab Aziz threw out their applications, saying that the detention orders issued by Prime Minister Datuk Seri Abdullah Ahmad Badawi on Dec 13 last year were valid under the law.
Abdullah, in his capacity as Internal Security Minister, had issued two-year detention orders against the five men under Section 8(1) of the Internal Security Act 1960.
Chief Judge of Malaya Justice Alauddin Mohd Sheriff and Federal Court judges Justices Arifin Zakaria and Hashim Mohd Yusoff adjourned the proceedings to a date to be fixed
# “the minister stated that police investigations revealed the Hindraf movement had incited racial sentiments and hatred towards the Government.”
Now, after the GE2008, it can be seen that a lot of people are hating the government and of course the peoples’ sentiments are involved ( call it “incited”)…so can the police say that the people had negative sentiment and hatred against the government and detain all of them? The rakyat?
Logic pleaseeee….
To quote the AG again on the Hindraf 5 detention:
“Looking at the matter objectively, one cannot say that the minister went on a frolic on his own,” he said, urging the court to dismiss Karpal Singh’s submission as mere baseless conjecture.
Abdul Gani added that the minister was the proper person with unfettered discretion to issue the detention order.
“Looking at the matter objectively…”
# what did he mean by “objectively” ? Can he clarify which Clause or Act or Which piece of legislation was he referring to? If one were to OBJECTIVE, then there must be a definite basis. What basis was he referring to?
If there was no OBJECTIVE or BASIS, then it must be “frolic”.
“unfettered discretion to issue the detention order” = unlimited power to issue the detention order? = autocratically ordered the detention??
Apart from the Hindraf issue , YB LKS , you or your Perak state chief owe Perak Indians an explanation on the promise that your party failed to keep on electing 2 Indian reps for the exco seat.
Call me racist or whatever but you don’t break promises this early.
This really make your party look bad in the eyes of Indians whom you passionately called as Kingmakers. earlier. Praise them nicely , get them high , get their vote and throw them whatever the previous government gave. Thats all the Kingmakers deserve.
You won’t get far with the typical Chinese KIASU attitude.
Bottom line, if the old man did not quit, he will show his prowes, “Saya Pantang Dicabar” Let’s wait for Datuk Seri Anwar Ibrahim go cabar him and put Pak Lah into ISA.
Syed Hamid should simply resign as Home Minister – as a matter of principle, as a matter of conscience.
After all, the Hindraf 5 detention was Pak Lak’s illegitimate child, so why should Hamid be left carrying this ‘beban-ful’ baby.
‘beban-ful’ is correct, correct, correct. And ‘beban-fool’ also correct.
Pak Lah is the boss for Internal Security Minister as well. Therefore, Syed Hamid is just a tool, the final decision whether to release the Hindraf 5 is from Pak Lah and Pak Lah get his decision from Khairy. Therefore, UMNO culture is don’t act smart, u can never “mencabar” the boss cos he’s “pantang dicabar”.
Hamid is a clear example of the idiots we have in Cabinet now.
Badawi and his entourage of idiots must go now, period.
Short-sleeve, he’s not idiot jus powerless to “mencabar” Pak Lah, these ministers are puppets for sake of “show” look at Zaid Ibrahim, yes, he wrote some books, give some talk, but in the end he also have to agreed with Pak Lah on MB appointment. Those who disagreed with Pak Lah, is better to quit now.
Even Pak Lah lost the UMNO president position, he will still want to continue to be Prime Minister, this will reduce his burden and free up more time to “Korek” here and there.
“After all, the Hindraf 5 detention was Pak Lak’s illegitimate child, so why should Hamid be left carrying this ‘beban-ful’ baby” Hornbill
Isn’t Hamid Abdullah’s Home Minister? Another word for “nanny” or “aur paire” and a very expensive one too, paid for by the taxpayers!
Who’s babysitting whom here ?
WELL, look on the bright sides. When Sabah during the PBS time had the anti-hop (political-frogs) law, a bill passed by the cabinet, BN cried foul and opposed it, brought it to court and had it ‘quashed’. Now fearing their own shadow, they want to have the bill back not only for SABAH but the whole MALAYSIA because without the anti-hop law they are vulnerable against change of alliance. The situation is bad at the moment and what they had did – scraping the anti-hop law may backfire against them. Boy talk about ‘kiasu’.
Anyway, here’s the bright side. When the opposition forms THE NEW GOVERNMENT which is very, very possible. The ISA could be used against them (the ex-government) if they get to nasty from being a sore loser as always. Then they will feel their own medicine.
Then they will cry for real democracy, for first world thinking, for human rights, bla…bla..bla. And demand for the ISA to be abolish.
Personally, I think they better get rid of it now before its to late. The tables might turn and they will find themselves in the receiving end. GOD IS GREAT
Leave God alone!
Hamid, Hamid, if this is the way you response to request to release the Hindtaf 5, you’re HABIS!
You are like a ‘gangster’, not a minister. And you are real arrogant like Krismudin.
Whether the 5 are released or not is another matter, your attitude will put Paklah in deeper trouble. Please be more humble and professional.
in the malaysian circus gomen, there are a few star clowns that is measures up to their actions and performance.
kerismudin, anak yatim, najisubmarine, , kj & sleepy head , nazri, and syed baba.
The really steal the show and i dont no what happen if these clowns gets opts for pension or early retirement or something.
This syed has no yet established his dynasty yet, he is fairly new maybe just a gen 2 and calling the shots for you and me in the international arena at one time.
Of course the star is the horsey and his kid, the all time favourite.
have fun
YB LKS,
It seems that newly-elected Selangor DAP State Assemblyman for Kota Alam Shah A. Manoharan will not be able to perform his task as an elected people representative.
I am proposing that when the Selangor State Assembly convene its first sitting, DAP brings alone A. Manoharan’s picture into the dewan as a respect for him. And the same apply to the Parliament sitting as a protest to his non-release in detention.
Let do justice for YB Kota Shah Alam.
kentutoyol,
According to election contest rule, those under ISA detained are eligible to contest, their relatives can use Manoharan belonging such as the pair of shoes he wear to represent him. Hence, during the swearing in, there should present Manoharan suits and pictures as respect.