Tuesday, May 12, 2009

Perak assembly: Police behaviour illegal, unacceptable - Malaysiakini

By Tan Sri Ramon V Navaratnam | May 11, 09 3:55pm

We refer to the Malaysiakini report on Sivakumar dragged out, BN speaker takes over.

The Centre for Public Policy Studies (CPPS) is deeply troubled by the manner in which proceedings were held in the Perak state assembly.

The shouting matches and ensuing scuffles as well as the removal by force of the speaker were most regrettable. It painted a very poor image of Malaysia at home and on the international stage.

Even more troubling was the conduct of the police in this matter. The police’ presence inside the assembly, whilst arrogating the powers of the speaker and employing force to remove him from the assembly is unacceptable and illegal.

Furthermore, the harassment and mass arrests of protesters was a violation of human rights, specifically the freedom of expression, which is guaranteed in our constitution.

The CPPS urges the police to exercise greater restraint when facing dissent and to respect the principles of human rights and our federal constitution as well as the rule of law, which form the very principles of democracy promoted by our founding fathers.

The CPPS further notes that the current crisis in the state of Perak has gone for far too long.

It has created much restlessness, resentment, displeasure and great uncertainty amongst the rakyat.

The CPPS believes that it is time to go back to the polls and allow the 'rakyat', whom governments ultimately serve, to elect their leadership in a free and fair election.

Only through fresh elections can we hope to move forward from this current stalemate and focus on the many socio-economic and political challenges facing our country today.

This is important not only for Perakians but all Malaysians as the future of our democracy is at stake.

Tan Sri Ramon V Navaratnam is chairperson, Centre for Public Policy Studies

Monday, May 11, 2009

Judge orders Zambry, excos to vacate posts - Malaysiakini

May 11, 09 4:05pm

The Kuala Lumpur High Court has also ordered Barisan Nasional MB Zambry Abdul Kadir and his six executive councillors to vacate their posts with immediate effect.

Justice Abdul Aziz Abd Rahim said this must be done in order for Pakatan Rakyat’s ousted menteri besar Mohammad Nizar Jamaluddin and his excos to move back into their offices.

The court also ordered for a fresh state elections to be held.

Commenting on the judgment, opposition stalwart Lim Kit Siang said Mohammad Nizar will seek an audience with Perak ruler Sultan Azlan Shah to seek his approval to dissolve the state assembly.

"This is a great judgment. This is the first time the court has restored public confidence in the judiciary," he added.

Nizar is rightful MB: High Court - Star

May 11. 2009

KUALA LUMPUR: The High Court here ruled rule on Monday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, and not Barisan Nasional’s Datuk Seri Dr Zambry Abdul Kadir.

In an immediate response, Zambry said he would apply for a stay pending appeal.

In his ruling, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.

He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.

He noted that the Perak State Legislative did not hold a vote of no confidence.

In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.

Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.

According to the Nutgraph, the judge ruled ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:

(a) The chief minister has lost the confidence of the House, and

(b) The chief minister has refused to resign and failed to advise a dissolution.

Nizar had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.

On March 6, Justice Lau Bee Lan had ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.

However, on March 23, the Federal Court ruled that the case of who the rightful mentri besar is should be heard by the High Court.

Nizar’s lead counsel Sulaiman Abdullah, in wrapping up his submissions last week, said the Constitution was the “genius of the Malaysian people”, adding that the court had a duty to uphold it. Over the last few days, he had submitted that the Sultan, while granted powers in the Perak Constitution to appoint a mentri besar, could not dismiss him.

The only way Nizar could be dismissed, he said, was through a vote of no-confidence in the House.

He also said that a mentri besar could request for the State Assembly to be dissolved in the middle of a term without losing the confidence of the majority of the House.

Dr Zambry’s lawyer Datuk Cecil Abraham, however, argued that Nizar went by Article 16(6) of the Perak Constitution when he sought an audience with the Sultan – this article specifically provides for the mentri besar to request for a dissolution when he has lost the confidence of the majority in the House.

Under the article, Nizar is required to tender the resignation of his executive councillors when his request was rejected, he said.

Nizar is expected to seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.

Court rules Nizar as legitimate MB - Malaysiakini

May 11, 09 10:54am

The Kuala Lumpur High Court today paved the way for a fresh round of battle in Perak by declaring that BN's Zambry Abd Kadir is not the legitimate menteri besar of Perak.

The decision by justice Abdul Aziz Abd Rahim today rubberstamped ousted Pakatan Rakyat MB Mohammad Nizar Jamaluddin's argument that he is still the legitimate menteri besar.

Zambry's lawyer Cecil Abraham's application for a stay of proceedings pending an appeal was also rejected by the court.

The decision is now set to bring about more uncertainty in the state.

Only last Thursday Zambry and the BN coalition had made some inroads on the state assembly by gaining an upper hand by removing the Pakatan appointed speaker V Sivakumar and replaced him with R Ganesan from MIC.

Nizar had sought a declaration that he was the he was the rightful menteri besar and to prevent Zambry from discharging his duty.

The state has been in a political impasse since February after Sultan Azlan Shah urged Nizar to step down and appointed Zambry as the menteri besar.

The sultan's decision was based on the defection of three Pakatan elected representatives to become BN-friendly independents.

Nizar however has questioned the legitimacy of Zambry's appointment and has been pushing for the state assembly to be dissolved so that fresh elections could be held.

Nizar's lawyers previously argued in the court that if he got the declaration, he would seek a fresh mandate to resolve the political deadlock.

At present Pakatan and BN have 28 seats each in the state assembly but the three BN-friendly independents have shaded the power towards the BN side.

Manoharan: Pakatan helped all they could - The Malaysian Insider

By Melissa Loovi

KUALA LUMPUR, 10 May - Despite leader P. Waythamoorthy and his brother P. Uthayakumar's apparent frustrations with Pakatan Rakyat for not doing more to speed up the Hindraf trio's release, fellow founder of the Indian rights group, M. Manoharan, firmly disagrees.

"People like Karpal Singh and even Tan Sri Khalid Ibrahim did all they could to help get me and the others released," said the newly-released 48-year old lawyer at a Mother's Day celebration organised at his Kota Alam Shah service centre today.

"They, and other Pakatan representatives, appealed to the courts repeatedly and Tan Sri Khalid even approached the Sultan (of Selangor) on my behalf but the Sultan said the matter could only be dealt with by the Agong."

Manoharan's words come after Uthayakumar yesterday voiced his dissatisfaction with the lack of help given by the opposition coalition in getting the Hindraf detainees released.

Waythamoorthy, who is in self-imposed exile in London, has has also been increasingly critical of PR.

In a statement issued from London last week, he labelled the Hindraf trio's release as a “blatantly obvious move to divert the attention of the public” from the Perak fiasco. He added that there was nothing Hindraf should be thankful for.

“We are not thankful for the release of our lawyers under the ISA unless the government fulfills the 18 point demands that were submitted to the government in 2007.”

He also wants the government to acknowledge the alleged poor treatment received by the Indian community in this country and release not just the Hindraf trio, but all ISA detainees and abolish the law.

His brother, P. Uthayakumar, who was released yesterday along with T. Vasanthakumar and Manoharan told The Malaysian Insider he was "not happy with the two parties (PKR and DAP) and what they have done for the Indian community.

“They did not do enough in the critical areas that really matter," said the outspoken leader, adding that if PR had done more with the states under their governance, especially regarding land issues, it would solve 70 per cent of the Indian community's problems.

However, Manoharan, who won his state seat from within the walls of Kamunting under the DAP banner, is clearly taking a different stance.

He says he will speak to Waythamoorty to explain to him that PR had indeed done all they could.

In particular, he noted the help and support of DAP National Chairman Karpal Singh, Secretary General Lim Guan Eng and Parliamentary Leader Lim Kit Siang.

Saturday, May 9, 2009

Hindraf trio released from ISA - Star

May 9, 2009 By CHAN LI LEEN

KAMUNTING: Internal Security Act (ISA) detainees M. Manoharan, K. Vasantha Kumar and P. Uthayakumar have been released from the Kamunting detention camp.

Manoharan and Vasantha Kumar, leaders from the banned Hindu Rights Action Force (Hindraf) left the camp at 2.30pm in umarked cars.

Twenty minutes later, Uthayakumar left the camp.

M. Manoharan (left) and K. Vasantha Kumar (right) have been released from the Kamunting detention camp at 2.30pm Saturday.

Earlier, several ISA detainees were also believed to have been released from the Kamunting detention camp.

The first batch were seen leaving in an Immigration Department van at about 12.40pm on Saturday while more left in an unmarked van which was accompanied by four cars about 40 minutes later.

Meanwhile, IGP Tan Sri Musa Hassan confirmed that all 13 ISA detainees slated to be released were being freed Saturday.

The five local ISA detainees were being released with conditions. If they flouted any condition, they would be hauled back in, he said.

The eight foreigners have been handed to the Immigration Department for deportation to their respective countries.


It is learnt that five of them are alleged Abu Sayaff members while the other three are suspected Darul Islamiah members.

Home Minister Datuk Seri Hishammuddin Hussein had announced on Friday that 13 ISA detainees would be released soon.

On Saturday, several family members of two Hindraf leaders were also present at the camp.

Among them were K. Vasantha Kumar’s mother, R. Manomani 62 and his sister K. Parameswari, 37 and P. Uthayakumar’s fiancee S. Indradevi.

“I am very relieved and very happy. I have a flu but I had to come and see my son,” said a tearful Manomani.

Press members, meanwhile, started gathering outside the camp as early as 8am.

Only Perak sultan can provide the cure - Malaysiakini

Tunku Abdul Aziz | May 9, 09 3:19pm

I never for a moment thought I should live to see the day when a traditional hereditary ruler of a Malay state has taken such a rapid slide in his people’s estimation, approbation and adulation as has Sultan Azlan Shah of Perak.

It took one unfortunate, ill-conceived and ill-considered decision over a petition by the Pakatan Rakyat Mentri Besar Datuk Nizar Jamaluddin, to dissolve the Perak state assembly that has transformed Perak into a politically difficult and dangerous situation.

His Highness Sultan Azlan Shah is no ordinary ruler.

As a former Lord President and head of the Malaysian judiciary, he ascended the throne of Perak as someone well-qualified by education and training for what, for all practical purposes, is a largely ceremonial sinecure.

Be that as it may, the position carries a heavy constitutional responsibility.

It has become quite apparent that while his legal knowledge may be assumed to be extensive, his training more than adequate, his wisdom in dealing with a delicate and important political matter of public concern, on reflection, has in my humble opinion, turned out to be questionable.

A great deficiency in a ruler who showed so much early promise of being a wise, liberal-minded and benevolent leader.

When the final chapter of the Perak constitutional fiasco comes to be written, the country, and the world, will be able to revisit and understand better the magnitude of the debilitating effects of the royal decision on the Malaysian body politic.

A Greek tragedy pales by comparison

Malaysians, in particular, will view with horror the ugly scars left on their nation’s nascent democracy, and they will be constantly reminded how one hasty error of judgement was enough to trigger a political tragedy of the worst imaginable kind. A Greek tragedy pales by comparison.

The saddest part of all is that the resultant unseemly legal wrangling could have been avoided.

The fact that the flawed decision was not reversed, within a day or two when it became abundantly clear that the decision not to dissolve the assembly and call for fresh elections was manifestly unfair and unethical, was nothing if not sheer carelessness, in all the circumstances.

I maintain that even now it is not too late to reverse that politically fatal decision and bring to an end this disgraceful episode in the history of participatory representative government in our country.

There is no disgrace or humiliation in coming to terms with one’s honest mistake. No one, even the wisest among us, is infallible.

If the sultan believes, as we know he does passionately, that his royal duty is to serve the public interest, then NOW is the time to give that commitment practical effect.

The Perak fiasco is not about to run out of steam. We must accept that the situation will get worse before it gets better. I saw the images from the state assembly “sitting” on national television at lunch time today (May 7, 2009) with a sense of unbounded revulsion. The scene of warring politicians shouting invective was not a joy to behold.

The Perak affair is like a running sore

To use a medical analogy, the Perak affair will be a running sore. Only the sultan of Perak can provide an effective cure.

najib announce new cabinet lineup 090409 06To ignore what is obviously an untenable constitutional position is an act of grave irresponsibility, and while the prime minister thinks it is a great idea for him to give the impression that he is above it all, I should like to remind him that he is not blameless, far from it.

It was his active act of muddying the Perak political waters that brought about this current crisis in the first place.

He now has a chance to show that he is not a partisan prime minister, but a national statesman who is prepared to intervene decisively to put matters right in fairness and equity.

Looking back, it was not such a clever personal coup after all. His machination was so abysmally repugnant even judged by the consistently low ethical and moral political standards of Umno/BN that I find myself wondering whether I could trust him enough to buy my next second-hand car from him; this is the same man trying to persuade us to buy his 1Malaysia. What a man! (With apologies to GB Shaw)

Tunku Abdul Aziz, former head of Transparency International Malaysia, is vice-chairperson of DAP