But what for other detainees?
Parhlad Kumar Aggarwal 16/12/2007 12:28:27 PM(IST)
DAP lawyers will represent the five Hindu Rights Action Force (Hindraf) officials detained under the Internal Security Act. Party central executive committee member A. Sivanesan, who will be among the lawyers, said initially, the party only represented its members M. Manoharan and V. Ganabatirau who are the among 24 detained Hindraf officials.
The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar. “We only received the detention order for Manoharan on Friday and have filed an application at the Ipoh High Court. “As for Uthayakumar and Kenghadharan, we have received the detention order and will be filing the application tomorrow. “We will obtain the detention orders for Ganabatirau and Vasanthakumar on Tuesday,” Sivanesan told a press conference yesterday.
In Penang, Bukit Gelugor MP Karpal Singh said he would be moving a motion in Parliament on Tuesday for a review of the detention order of the five Hindraf leaders. But
what about the other detained people? All those arrested must be fully accounted for. The charges against the detainees must be adequately reviewed, and they must be released unconditionally should there be no sufficient proof to hold them for trial. The charges against the detainees must be adequately reviewed, and they must be released unconditionally should there be no sufficient proof to hold them for trial.
The whole case in brief
On November 25, the Hindu Rights Action Force (Hindraf), a Non-governmental Organisation fighting for the rights of the Indian minority in Malaysia, organised a demonstration in Kuala Lumpur. It is reported that over 20,000 people had joined the demonstration.
Hindraf organised the demonstration in time for their submission of petition before the British High Commission demanding compensation for taking the ethnic Indians into Malaysia from India during the colonial period over 150 years ago.
Under Article 10 of the Federal Constitution of Malaysia, it guarantees its citizens their rights to freedom of assembly and expression. However, this provision had been subverted after the draconian Police Act had been implemented. This Act requires any groups or persons permit from the police authorities should they organize demonstration of persons that exceeds more than three individuals. The police''s decision is final and could not be challenged in court.
It is reported that when Hindraf made their application for permit, it was rejected by the police but nevertheless the organisers proceeded with the demonstration which effectively been pronounced as illegal by the government. It resulted to the arrest of about 400 persons and several others have suffered injuries following a violent dispersal by the police. At least 200 tear gas canisters were thrown into the crowd of unarmed individuals and water cannons laced with chemical were dosed at them.
Two of those injured were identified as Ravin A.L. Mahalingam, 22; and
Kumaran Shanmugan, 22. They were sent to the General Hospital in Kuala
Lumpur for medical treatment.
Meanwhile, those arrested were also taken separately at the Kuala Lumpur Contingent Police Headquarters (IPK Kuala Lumpur) and at the Police Training Centre (Pusat Latihan Polis, Pulapol) in Jalan Semarak, Kuala Lumpur. Some of those presently detained are believed to have been injured and in urgent need of medical assistance.
On December 6, Judge Azimah Omar of the Shah Alam Sessions Court denied the petition for bail of the 31 people who had been charged for attempted murder on pretext of "national security". The attempt by the 31 persons to murder a policeman supposed happened at the Hindu temple of Batu Caves where the protesters had gathered. However, it is learned though that apart from the said policeman, several police officers and crowd have also been injured during dispersal by the police.
Of the 31, twelve were also charged for illegal assembly under Section 27 of the Police Act. The next hearing of the case is slated for 14 to 18 January 2008. Twenty-four of those identified to have been detained at the Police Training Centre, including the two injured victims, were;
1. Ravin A.L. Mahalingam
2. Kumaran Shanmugan
3. Nya Prakasam
4. Polan Isamy
5. Shanmuganathan A/L Kalimuthu (aged 29)
6. Jivan Chilayah
7. Komala
8. Ramesh A/L Rajen (aged 26)
9. Palanisamy A/L Munasamy (aged 47)
10. Sangkar A/L Supramaniam B
11. Kumar
12. Saravanan Doraisamy
13. Vilaman Ravi
14. Thanabalan
15. Subramaniam
16. Sivakumar
17. Selvarajoo A/L Viramuthu
18. Murugan A/L Sokan
19. Francis A/L Kurus
20. Robert
21. Palanisamy
22. Nagan
23. Indran A/L Pasupathi
24. Ramesh Rao A/L Simanaido
There have been a series of arrests, filing of charges and detention of persons following violent dispersals by the police in Malaysia in recent times. As mentioned earlier, the police have had sole discretion under the Police Act whether or not to allow public demonstrations. However, the police often deny organisers of demonstrations once they apply for permits, or they prevented them from holding demonstration.
On November 10, the police also violently dispersed a peaceful demonstration in Kuala Lumpur, Malaysia calling for fair and free elections. The police had used teargas and water cannons in dispersing the crowd, which resulted to injuries of several demonstrators. Thirty-four persons had been arrested but were soon after released. Please see for further details:
On December 9, human rights lawyers and activists have also been arrested following their peaceful march to mark the International Human Rights Day. The march, which began at a large department store in Kuala Lumpur central market was halted by the policemen. They were arrested and charged for illegal assembly and for disobeying police orders.
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