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Retreat. Retreat not.

The Abdullah Administration is in retreat mode and tacitly avoided a constitutional crisis triggered by appointments in the Judicial system, at least for now.

The Abdullah Administration also scored a first as this is the first time the country was left without a Chief Justice after the incumbent retired two days ago.

Court of Appeal president Abdul Hamid Mohamad is now acting Chief Justice in place of Ahmad Fairuz Sheikh Abdul Halim who retired upon age 66, a mandatory requirement in the Judiciary system.

The latter went down in history as one of the rare few CJ's who didn't get a 6-month extension upon retirement subject to application to and acceptance by the Yang di-Pertuan Agong.

Singapore Straits Times believed that the Abdullah Administration did not have the time to prepare submitting an alternative candidate for the CJ's post, given that it had expected an extension of Ahmad Fairuz's term.

Don't let up

One important point, though. Abdul Hamid is now 65. Even if he got confirmed as CJ, his tenure will expire April 18, 2008. That's the narrow window of slightly 5 months before someone else -- potentially Zaki Azmi, 62 -- takes over.

Bar Council shouldn't retreat.

You should make full use of these five-and-a-half-months to institute ( 1 ) a judicial appointments commission for the appointment and promotion of judges; ( 2 ) a royal commission of inquiry to examine the claims made in the Lingam Tape, as well as the present state of the judiciary.

Lawyers, and fellow Malaysians, YOU MUSTN'T RETREAT from where we had walked.

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Why is this not blogged??!! What is happening in Malaysia??? We need to spread awareness and blog this whether we are Malay, Chinese, Indian or Lain-lain.

TOPIC: BLACKED OUT NEWS: Temple Demolition in Padang Jawa
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this news was nowhere to be found on the newspapers, view video at:

http://www.malaysiakini.tv/?vid=1450

Samy: Stop temple demolitions or risk Indian votes
Oct 31, 07 5:25pm
http://www5.malaysiakini.com/news/74206


MIC chief S Samy Vellu has urged the government to stop the demolition of Hindu temples or it will risk alienating Indian Malaysian voters.

This appears to be the first time Samy Vellu had spoken out strongly on the issue which has been dogging the Hindu community, particularly in Selangor and Kuala Lumpur, for the past few years.

Samy Vellu, who is also the works minister, said he had raised the issue several times during meetings with state government leaders but temples were still being demolished.

The most recent example, was the demolition of a temple in Kampung Rimba Jaya, Shah Alam, yesterday which Samy Vellu said had "hurt the feelings" of residents there.

"It is common knowledge that the majority of Indian voters, if not all Indians in Malaysia, support Barisan Nasional.

"Thus, I urge the relevant authorities not to resort to the drastic action of demolishing temples even though they are not built legally," he said in a statement faxed from the Works Ministry.

'We have no choice'

Samy Vellu said the Hindu community was forced to build temples on private or state land because the community did not have land to do so.

"I have on many occasions asked state and local governments to allot land for temples in every residential area, but it has yet to be implemented.

"Thus, the Hindu community has no choice but to build temples on land that is not theirs," he added.

The veteran politician went on to quote the first pillar of the Rukun Negara - Belief in God - adding that no one should be punished for practising their respective religion.

He also urged the relevant authorities to seek alternative land for temples which have been demolished or were scheduled to be demolished.

'No compromise'

The MIC president suggested that small temples be combined together on a larger piece of land.

"I will not compromise or tolerate anyone that does not take this issue seriously. I would also advise the Hindu community to only build temples on land where they are allowed to," he said.

Yesterday, Samy Vellu visited Kampung Karuppiah after the demolition had taken place.

According to vernacular press reports, he was pelted with sticks and stones by angry residents.

He also reportedly lodged a complaint with Prime Minister Abdullah Ahmad Badawi who was attending a function nearby.
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Shah Alam council blamed for bloody fracas Nov 1, 07 7:34pm
http://www5.malaysiakini.com/news/74289

Malaysia Hindu Sangam, the umbrella body for people of that faith, today blamed the Shah Alam City Council for the violence which occurred during the demolition of a temple in Kampung Rimba Jaya on Tuesday.

MHS president A Vaithilingam said MBSA mayor Za'ba Che Rus had no control over his enforcement officers who were throwing stones into the temple while a special religious ceremony was taking place (left).

"The confrontational retaliatory action by the MBSA enforcement officers was in our opinion the cause for the violence in the temple," said Vaithilingam in a faxed statement.

When contacted for clarifications, Vaithilingam said eye-witness reports claim MBSA enforcement officers were initially pelted with stones from a group of unknown individuals.

"But it did not come from the temple. How can they (MBSA personnel) attack devotees like that? No enforcement body in the world attacks people with stones," he said.

In his written statement, Vaithilingam said those injured at the hands of MBSA enforcement officers included T Ganesa, the Selangor chairperson of MHS.

However, he stressed that the police were restrained compared to MBSA officers.

Against procedures

Vaithilingam also slammed Za'ba for allegedly personally telling temple authorities at 9am on Tuesday that the temple was to be demolished in the next two hours.
He said the temple was a large structure with many facilities that cannot be relocated in the short period of time.

"What else can the innocent devotees do when given only two hours? Attempting to destroy deities (in the temple) is very sensitive and is considered an insult to the Hindu community," he added.

Vaithilingam also criticised Za'ba for reneging an agreement between MBSA, the Selangor state government, MIC officials and temple officials on Oct 28.

The deal apparently gave the temple a grace period until Deepavali celebrations. Deepavali will be celebrated by all Hindus on Nov 8.

Vaithilingam also urged MIC leaders to open dialogue with leaders of the Hindu Rights Action Force (Hindraf) to resolve the matter.

Five-inch parang wound

In a separate development, Hindraf legal advisor P Uthayakumar revealed that some of the devotees who suffered injuries during the scuffle were not given immediate medical attention.

Citing an example, Uthayakumar said that he witnessed one detainee who had a five-inch cut on the head while he was detained at the Section 11 Shah Alam police station.

He claimed that the wound was inflicted by a MBSA enforcement officer with a parang. He added that the detainee was not given medical attention even after 24-hours of the incident.

"Only after persistent appeals by Hindraf did the police take this victim to the hospital," said Uthayakumar, in a letter to Attorney-General Abdul Gani Patail. The letter was made available to Malaysiakini.

In his letter, Uthayakumar urged Abdul Gani to take immediate action against those responsible for the injuries suffered by devotees during the open fracas.

Uthayakumar and three other lawyers were arrested while accompanying devotees who were lodging a report on the incident in Kampung Karuppiah, which is located within Kampung Rimba Jaya.

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Kg Rimba Jaya fracas: Four lawyers released Bede Hong | Oct 31, 07 2:30pm
http://www5.malaysiakini.com/news/74192

The Kampung Rimba Jaya in Padang Jawa, near Shah Alam was a chaotic scene last night when residents tried to prevent the Shah Alam City Hall from demolishing their houses.

The residents' attempt to save their homes turned physical and bloody when scores were hurt in the ensuing melee.

Fifteen residents were also arrested and are now being detained at the Shah Alam Section 11 police station.

In the end, over 200 houses, a 100-year-old temple and a surau have been levelled to the ground by the authorities. Even the presence of MIC president S Samy Vellu could not save the houses and the temple.

And later in the day, four lawyers - human rights lawyers P Uthayakumar and P Waythamoorthy as well as DAP lawyers M Manoharan and S Ganabathi Rao - were also arrested by the police when they attempted to enter Section 11 police station to help the release of the residents.

The police have today obtained a four-day remand order against the residents, said DAP legal bureau chief A Sivanesan. However at 5.30 in the evening, a 16-year-old boy and a 52-year-old woman were released.
The lawyers were all released on police bail at about 7.45pm.
When contacted Sivanesan also said that at least two residents suffered serious injuries.

"A woman, in her fifties and a 16-year-old boy suffered great injury. Their clothes are soaked with their own blood and they are still wearing them," he said. These are two who were released by the police in the evening.

Tamil dailies today also carried images of another man with head injury.

Lawyers manhandled

Earlier in the day today, the police took statements from the four lawyers.
The lawyers were arrested for creating a scuffle in front of the Section 11 police station after they were refused entry by the police.

"Their purpose there was to assist residents lodge reports against the state government and relevant authorities. They were also to inquire on the status of those arrested and detained," said Hindraf lawyer R Gengadharan when contacted today.

"The conduct of arresting and detaining by the police is unjustified," he said.

Last night, Waythamoorthy lodged a police report against the conduct of the police in arresting him and the other three lawyers.

In the report lodged at the same police station, Waythamoorthy said that he was manhandled and had a machine-gun pointed at him when he inquired as to why the lawyers were being refused entry.
"I was pushed down and stepped on my leg, preventing me from getting up," his report stated.
"I injured my head, my back and elbow...the same constable threatened to shoot me if I didn't go out and his machine-gun was pointed at me while I was still on the ground," he said.

He added in his report that he and the other lawyers faced racial abuses from the other police personnel at the station, with one policeman allegedly stating that he would "make sure I'm kept in lock up tonight".

Baton-charged

Meanwhile, human rights activist S Kumaravel, 44, said a surau was also demolished by council authorities in the eviction exercise yesterday.

The surau is located in Rimba Jaya, about one kilometre away from the temple. The Sri Maha Mariaman temple is located in Rimba Jaya. Residents from nearby Kampung Karuppiah carry out their prayers at the temple.

Kumaravel, who is Jaringan Rakyat Tertindas (Jerit) exco member, said over 200 houses in Rimba Jaya were demolished in the exercise that saw at least 300 police personnel, including the Federal Reserve Unit, participating.

Rimba Jaya is mostly populated by Malays while Kampung Karuppiah is mostly populated by Indians.

The MPSA enforcement officers were beating people with batons, said Kumaravel.

"I saw an enforcement officer pulling out a knife and waving it around threateningly," said Kumaravel.

It took almost three hours to demolish the Sri Maha Mariaman temple. The temple's nursery was the first to be demolished when the exercise began yesterday morning.

After a pause at noon, the demolition continued at 2pm and continued for another three hours amidst resistance from at least 400 residents. Several hundred council enforcement officers were also present.

News reports said stones were thrown between both sides.

Shots fired

In addition to that, today's Sin Chew Daily reported that police fired several shots at a lorry, puncturing at least one tyre. Nanyang Siang Pau reported that five shots were fired. The report said several residents had tried to escape the police in the lorry. They were later arrested.

There were also accounts of a stabbing, but which could not be verified as yet.

"They should have waited until Deepavali is over before they begin demolishing the temple. At least the residents have somewhere to pray," said Kumaravel.

Early this morning, he had lodged a police report at Section 11 police station against the state government for ordering the eviction exercise.

"The police told us that the order was from the Menteri Besar (Mohd Khir Toyo). There was no court order to demolish the surau or the temple," he added.

Tamil dailies also reported that the residents had shown their anger towards Samy Vellu for not doing anything to help them. Samy Vellu is quoted as saying that he would raise the matter with Prime Minister Abdullah Ahmad Badawi.


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Temple demolition motion shot down Yoges Palaniappan | Nov 1, 07 4:37pm
http://www5.malaysiakini.com/news/74264

An opposition motion to debate the temple demolition in Kampung Rimba Jaya, Shah Alam yesterday was rejected by the Dewan Rakyat deputy speaker.

Deputy Speaker Lim Si Cheng rejected M Kulasegaran's (DAP-Ipoh Barat) motion on the grounds that it "does not warrant immediate action" as the temple was located at a squatter area and that matter has been referred to the court.

Kulasegaran, in his urgent motion, said that the Indian community in the country is puzzled, shocked and saddened by the demolition of the 100-year old Sri Maha Mariamman temple.

It was reported that several hundred police personnel and local council authorities clashed with the residents who sought to stop the demolition.

According to Hindu Rights Action Force (Hindraf), at least 300 police personnel and council workers had cordoned off the temple yesterday morning.

It said council workers began hurling stones and beating devotees with sticks and batons when they tried to halt the demolition.

Kulasegaran described the demolition as "an extreme act which is unconstitutional, criminal, despicable and unrelenting."

"Temple demolitions have been going on in the country for the past few years and has worsened recently," said Kulasegaran.

Without notice

"The temple was demolished cruelly by 500 policemen, FRU personnel and local authorities without even respecting or considering the feelings of Hindus," he said, adding that the demolition was exercised without proper notice and procedures.

"250 houses and a surau, for which an alternative land has been given, were also demolished in the exercise."

Kulasegaran explained that the temple devotees were kept from the temple area yesterday by Indian gangsters hired by the contractors who broke temple deities which are scared for Hindus.

"The clean and beautiful temple, which used to be the place of worship for more than 1,500 devotees, was torn down using tractors and other machineries yesterday," he said.

He said that demolition is against the Article 11 of the Federal Constitution which guaranteed freedom of religion in the country.

Also, he added, to destroy a place of worship is a serious crime under the Penal Code.

Kulasegaran urged the government to immediately stop the demolition of temples to preserve the culture and identity of Indians in the country.
Sweeping under the carpet

In a statement issued later, Kulasegeran said that the rejection was unfair, undemocratic and against all decent norms of fair and adequate debate in a democratic society.

"Parliament is the place for elected representatives to bring up issues of public importance but urgent motions for debate are routinely rejected in an off-handed brutal manner that makes a mockery of democratic practice," said Kulasegaran.

"The speaker has shut out an issue of great importance by not allowing a full and frank debate thus preventing the government from making a stand or policy statement of its attitudes to Hindus in the country," he added.

"By denying the motion the government has swept another issue of great public importance under the carpet."

Actually, Malaysian can live WITHOUT a CJ FOREVER, as we can live without Dollah.

hawaiichee,

Tony Phua was there. You may want to read what he has blogged.

http://tonypua.blogspot.com/2007/10/police-must-be-crazy.html
Philosophy Politics Economics: The Police Must Be Crazy

abdullah can nominate Hisham Yunus or Gopal Sri Ram to be CJ. simple as abc, sure the sultans will agree

Jeff is right. The die is cast.

After observing the characters of all the main players in Umno, you can predict how they will react if the boycott is withdrawn.

People in power have the specious tendency of rationalising everything to their own simplistic perspective of things.

Right now their mentality has boiled down to "us-versus-them", where 'them' is anyone who doesn't toe their line.

If the rakyat cave in now, the powerites will next say the 'majority' accedes to them.

In the past you have 'may-13' as an excuse. Now it's 'majority' as the reason.

This is not going to end.

Just this fact about demolishing places of worship already establishes the hypocrisy about being 'sensitive to racial and religious issues, and the need to build harmony. etc.etc'.

And for a constitutional law judge to say the constitution can be arbitrarily changed and that there's no check-and-balance against erosion of fundamental rights just spells out the precarious situation we are in today, now, here.

Let the lawyers' walk-out be the first of a series.

I am tired.

Did I miss something?

How come Council of Rulers didn't refer to Ahmad Fairuz's "boss" - Nazri before they decided to retire him? Oooh... so disrespectful to our "Minister of Judges". No wonder he is so quiet now??

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