Christmas Greetings

YB Sivarasa would like to take this opportunity to wish everyone,
   "Merry Christmas and Happy New Year 2013"

Please enjoy your holidays and for those travelling, please drive safe: have a safe journey.

Remember 2013 will be a very important year for Malaysia, this will be a year for all of us to decide the future of this country.

Please come out to vote at GE13, our children's future is in our hands, our vote.

Thank you.

Inaccurate News Report

PRESS STATEMENT 

14th December 2012

Re: Sivarasa’s medical condition

I note that there are inaccurate reports about my health in several media reports yesterday consequent to the postponement of the Kugan family civil suit against the police and government where I appear as counsel for the Kugan family. The media reports were apparently based on what was said in court by my junior counsel and the inaccuracies are not occasioned by the reporters. 

There is clearly some unintended confusion in the facts stated in court.
It was stated that I had fainted in my home on Wednesday and was admitted to Subang Medical Centre. This is not the case.

I was experiencing severe laryngitis with loss of the voice on Wednesday evening. As a result I sought outpatient treatment with my physician at Sunway Medical Centre yesterday morning and was also advised to rest the voice.

I should be fit to continue the case on Monday 17th December 2012 barring which other counsel will proceed with the matter.

I reiterate that the inaccuracies are not the fault of the media reporters.  I take full responsibility as the leader of the legal team.

Sivarasa Rasiah

Isu Kerakyatan

Sivarasa hadir bersama ratusan rakyat memberi sokongan dalam protes isu Kerakyatan / IC merah, di Putrajaya

www.malaysiakini.com/news/216452

Jamuan Kutipan Dana DAP Paya Jaras

YB Sivarasa telah sempat hadir dalam Jamuan Makan Malam untuk mengutip dana bagi DAP Paya Jaras.

Hadir bersama adalah YB Teresa Kok, YB Tan Kok Wai dan Sdr Khairudin, penyelaras DUN Paya Jaras.

Lebih 1500 penyokong DAP telah hadir bersama dalam jamuan yang diadakan di tapak parkir pasar Kampung Bahru Sungei Buloh.

Rumah Terbuka Deepavali

Pejabat Ahli Parlimen Subang dengan kerjasama Kerajaan Pakatan Rakyat Selangor telah menganjurkan Rumah Terbuka Deepavali bersama di Kota Damansara.

Lebih 3000  warga Subang telah hadir untuk meraikan bersama perayaan kaum India ini.

Tetamu-tetamu yang hadir bersama termasuklah DS Dr Wan Azizah, YB Elizabeth Wong (mewakili YAB Mentri Besar Sgor) YB Dr Nasir ADUN Kota Damansara.

PEGUAM Scorpene ke Parlimen

YB Sivarasa bersama YB Tian Chua telah memaklumkan kepada media tentang lawatan Peguam Suaram.

Pihak peguam telah menerima jemputan Ketua Pembangkang dan memberikan tarikh 22hb Nov untuk tiba di Malaysia.

Pihak peguam telah memohon agar pihak immigrasen akan membenarkan beliau masuk ke Malaysia dan bukan dihalang seperti dalam lawatannya dalam tahun 2011.

Justeru, Ketua Pembangkang Datuk Seri Anwar Ibrahim telah menulis kepada Menteri Keselamatan Dalam Negeri DS Hishamuddin untuk memberi kerjasamanya.

YB Sivarasa memaklumkan bahawa selepas menerima jaminan daripada pihak Menteri, jemputan akan dipanjangkan kepada semua Ahli Parlimen untuk menghadiri sessi taklimat bersama dengan peguam William Bourdon pada 22hb Nov ini.

Happy Deepavali

I would like to take this opportunity to wish everyone, Deepavali Valtukal, Happy Deepavali.

As we light up our homes in celebrating the festival of lights, may we also light up the fire in our spirits.

Let this fire in our spirits continue to guide us in our struggle for truth and justice for all. Indeed the true meaning of this festival is a celebration of the triumph of good over evil.

May it brighten the lives of all Malaysians this Deepavali and beyond as we wait for the coming general elections.

As we enjoy the festivities of Deepavali, we must not forget our responsibilities to our future generation. Let us have the courage to bring CHANGE to Malaysia.

May each of us be that spark that will set the fire going: lighting up this Festival of Lights and a brighter future for Malaysia.

On behalf of my wife, Anne and myself, I wish you all a Happy and blessed Deepavali. I pray also for journey mercies for all those travelling during this period.

Thank you.

Response to Free Malaysia Today article dated 19 October 2012 written by B Nantha Kumar on the Bukit Rajah issue

I refer to the article in Free Malaysia Today dated 19 October 2012 written by B Nantha Kumar.

The article basically makes allegations that I and Dr Xavier Jayakumar have “betrayed the poor “ and creates a false picture of  the issue of the struggle for housing by the Bukit Rajah ex-estate workers.  I now set out the facts from the beginning of this struggle so that readers can draw their own conclusions.

From 1993 my law firm has represented about 76 ex-estate workers from Bukit Rajah estate in their struggle against forced eviction by Sime Darby from the estate housing occupied by them. 

One of these 76 workers was Mr. Mathialagan who is now quoted in the FMT article making false and malicious allegations. Sime Darby terminated the workers in phases from April 1992. They then offered the ex-workers low cost five-storey walk-up flats for RM25,000. Many workers accepted and moved out of their estate quarters. 

Some refused saying that they were promised single storey terrace houses NOT flats.  Sime Darby then initiated eviction proceedings in Klang Sessions Court against some of them in 1993.

I defended the workers and managed to delay the inevitable eviction for many years.   Sime Darby then initiated further eviction proceedings against the workers in Shah Alam Sessions Court in 2005. Again my law firm defended them and delayed the eviction from taking place. 

In 2007, Sime Darby started using more aggressive tactics and started demolishing empty houses to make the area uninhabitable to force the workers to move out.  Tenaga and Syabas started cutting water and electricity.  Again the ex-workers came to see me and I successfully initiated an injunction application to stop these hostile actions to evict them.   All these litigation was done in the public interest and for minimal fees to defend poor estate workers from being unjustly evicted in breach of a promise of proper housing. 

Furthermore, Bukit Rajah is not the only group of estate workers I have defended – I have defended many others as well. If the Pakatan Rakyat had not taken over Selangor in March 2008, I am sure that the final outcome would have been that all these poor workers estate homes would have been demolished with no certainty of alternative housing for the workers.  

However after the change of government in Selangor, Sime Darby softened their stand and were prepared to negotiate.  Dr Xavier in his capacity as a member of the State Executive Council facilitated the negotiations.   The negotiations concluded successfully. The ex-workers agreed to accept the offer of a 20’ by 70’  single-story terrace house at the price of RM70,000 which when completed under the current schedule at the end of 2013 will be worth at least RM250,000. 

The housing estate would also include a temple and a public hall.  From the price and the value of the house, it is obvious that it was a good deal and why it was accepted by the ex-workers.  On 1st March 2009, letters of offer with details of design and specifications were accepted in writing by 76 workers including Mr Mathialakan who is now making false claims that the workers were promised to be given a 15 acre piece of land.   There was no promise at any time to the ex-workers to give them a 15 acre piece of land.

In the course of the negotiations a 15 acre piece of land belonging to Sime Darby was identified on which the houses were to be built.   The letters of offer dated 1st March 2009 ( also given in Tamil to the 76 ex-workers ) only speak of a 20’ by 70’ single storey terrace house in a housing estate. No worker including Mr Mathialakan raised a demand for a 15 acre piece of land then.  This was because there had never been such a demand even from them. 

The worker’s demand right from the beginning was for single storey terrace houses which they finally secured. The housing estate for the 76 houses and temple and the public hall only require about half of the 15 acres of Sime Darby land to be built. It is for Sime Darby as the land owner to decide how to use the balance.   Mr Mathialakan does not have an iota of evidence to back his false allegations.  His allegations are not just malicious but also totally foolish.  On what basis can he demand that the balance of the 15 acres be given by Sime Darby to the ex-workers?

I will consider legal action against future repetition of such defamatory statements especially if they are published by Free Malaysia Today again.

Who’s destabilising the government?

MALAYSIA is apparently under grave threat from human rights organisation Suaram. In the last few months, no fewer than six government agencies have been probing Suaram and Suara Inisiatif Sdn Bhd, the company it operates under. Suaram has been accused of a myriad of wrongs — from filing “misleading and confusing accounts” to possible offences under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (Amlatfa).

Suaram says it is prepared to be investigated and has been cooperating with investigations. At the same time, it has drawn attention to the timing of the investigations. Is it a coincidence that the government’s scrutiny of Suaram is happening during a Suaram-initiated French inquiry into possible corruption in Malaysia’s purchase of two French Scorpene submarines while Prime Minister Datuk Seri Najib Razak was defence minister?

Besides the obvious accusation of selective prosecution, what else is so wrong about the government’s investigation of Suaram?

Abusing government agencies

Six — yes, six — government agencies have been roped in to investigate Suaram. They are the Companies Commission, Registrar of Societies (ROS), Home Ministry, Bank Negara Malaysia, the Malaysian Communications and Multimedia Commission and the police. These agencies have met to discuss their respective jurisdictions and there has even been talk of setting up a “special task force” to deal with the apparent Suaram threat.

But the alleged crimes revealed so far do not seem to justify the special attention and resources the government is investing in investigating Suaram. Suaram has been accused of filing misleading and confusing accounts, holding activities under Suaram when their company is called Suara Inisiatif Sdn Bhd, and receiving foreign funds. Even if the most malicious of motives is proven against Suaram — and that is far from being proven — this list is hardly nation-threatening stuff.

Yet, Suaram has been accused of plotting to destabilise the government — a serious matter indeed, if true. And Bank Negara has been called in to investigate Suaram under Amlatfa. This law covers investigations into a company handling proceeds from an unlawful activity, defined as a serious offence, whether local or abroad. Additionally, the financing terrorism clauses in Amlatfa require a company’s involvement in financing terrorist activity as defined in the Penal Code.

Unlawful activity? Serious offences? Terrorist activity? As far as I know, Suaram’s main activities include the following:
 Compiling lists of persons killed in police shootings and who died in police custody.
 Publishing an annual human rights report.
 Educating the public on their rights in relation to the police.
 Campaigning to abolish detention without trial.
 And, of course, assisting the Scorpene probe in France.

Bank Negara (Wiki commons)

Raising the spectre of money laundering, terrorism and government destabilisation against an organisation with such activities makes the government look paranoid, over-the-top in its reaction, and abusive of its powers. Indeed, the government could also be accused of using red herrings to distract the public from state infractions against human rights and government corruption.

Worse, when the government enlists the aid of quasi-independent state agencies to bully and harass, it damages the credibility of these agencies, and taints the good work that they may otherwise be doing. This, in effect, is what will actually destabilise the government in the long term. As these important institutions lose credibility and stray from the public interest work they are entrusted with, public trust will tank. And guess what happens when public trust in government institutions is lost?

Abusing civil society

By threatening Suaram through the Registrar of Societies (ROS), the government is effectively also threatening Malaysian civil society organisations. Suaram is being investigated for operating as a society without registering under the Societies Act. The ROS says if Suaram had carried out activities under its company name Suara Inisiatif Sdn Bhd and not Suaram, then the Societies Act would not have come into play.

Talk about stretching a technicality. Companies often use variants of their registered names in their day-to-day dealings. Maybank for Malayan Banking Bhd, for example. Or Astro for Astro Malaysia Holdings Bhd. So, then, why not Suaram for Suara Inisiatif Sdn Bhd?

ROS director Datuk Abdul Rahman Othman said the ROS would be taking stricter measures to regulate unregistered societies. One wonders, then, whether companies such as Liberal Banter Sdn Bhd, under which LoyarBurok operates, or CIJ Communications Services Sdn Bhd, under which the Centre for Independent Journalism operates, are next on the list.

The ROS director’s remarks also ignore Malaysians’ constitutional right to freedom of association, which the Societies Act, in fact, excessively curbs. Under the Act, the home minister can unilaterally and in his or her “absolute discretion” declare any society unlawful.

There are also the administrative curbs. Although the ROS director said they have made it easy for societies to register, this has not been the experience of several human rights organisations, including the Malaysian Chapter of Amnesty International. According to Suaram director Dr Kua Kia Soong, the National Human Rights Society took over two years to register even though it had two former prime ministers, Tunku Abdul Rahman and Tun Hussein Onn, as patrons.

Abusing the media

Finally, there is the national media’s complicity in demonising Suaram. “Plot to destabilise the government,” proclaimed New Straits Times’s 21 Sept 2012 front page. “Badan biayai Suaram diragui” was Berita Harian’s. “Suaram mencurigakan,” saidUtusan Malaysia. Most of these articles did not seek Suaram’s views despite the sensational claims being made, and despite the fact that getting all sides of a story is a basic tenet in journalism.

Enlisting the media to serve the government’s short-term ends while simultaneously crippling their role in holding the government accountable can lead to disastrous long-term consequences.

A church in Rwanda where 5,000 refugees were killed in 1994 (Wiki commons)

For example, in 1994, an estimated 800,000 Rwandans, mostly Tutsis, were killed in the Rwandan genocide within a matter of weeks. About 200,000 were thought to have been involved in the killing. A Human Rights Watch study on how the violence escalated identifies the Rwandan media as a key instigator of violence. In the newspapers and on radio, Hutu Rwandans were bombarded with the message that their existence was under threat from the Tutsis and it was their duty to defend themselves. Graphic cartoons often accompanied such messages, making it clear what was intended. False information was sometimes broadcast at a time when independent verification was difficult.

As can be seen from the Rwandan experience, it is no small thing for a government to use the media for its own narrow political ends. We can only speculate how differently it would have turned out in Rwanda if the media had taken the government to task for its genocidal messages instead of disseminating them.

And, in Malaysia, imagine how different it would be if our media could hold our government accountable for its misuse of power, instead of feeding disinformation and playing up imagined fears.

Destablising

So who’s really destabilising the government? It is the Barisan Nasional government itself. How so? Its selective prosecution, discrediting and undermining of state agencies, threats to civil society, and corrupting of the media are surefire ways of causing disenchantment and anger with the government.

The focus may now be on Suaram, and its ability to defend itself and survive the current government harassment. But the long-term casualties of the government’s recent actions may not in fact be Suaram. Those who stand to lose in the long term are state agencies, the traditional media, and citizens in our troubled democracy. 

Sambutan Hangat di sekitar Perayaan PorTor

Sepanjang Bulan 7 Calendar China, masyarakat Tionghua meraikan perayaan Por Tor untuk menyembah roh-roh mereka yang telah meninggal.
Dalam budaya Tionghua, dipercayai bahawa setiap tahun dalam bulan 7, roh-roh yang masih belum menikmati keamanan akan berkeliaran. Maka, masyarakat Tionghua akan mengadakan upacara sembahyang untuk keamanan roh-roh ini.
Disamping upacara sembahyang ini, kutipan derma melalui jamuan makan dan lelongan barangan diadakan untuk mengutip derma bagi badan-badan kebajikan.

 

Perayaan ini kebiasaannya dianjurkan oleh Persatuan Peniaga-peniaga tempatan. Di kawasan Parlimen SUBANG terdapat hampir 15 Persatuan tempatan yang menganjurkan Perayaan ini. YB Sivarasa telah sempat hadir di kesemua lokasi perayaan ini sepanjang bulan.

Sivarasa telah menerima sambutan yang begitu hangat sekali di setiap lokasi Perayaan PorTor ini. Di Aman Puri, Perayaan Portor adalah yang terbesar di seluruh Selangor. Jamuan Makan Malam sebanyak 360 meja atau seramai 3600 jemputan berjaya dianjurkan. Derma yang dikutip di Perayaan ini, seperti biasa disalurkan ke Pusat Hemodialisis tempatan.

 Sokongan daripada para jemputan begitu hebat sekali. YB Sivarasa terpaksa mengambil masa selama 1jam 30 minit hanya untuk beredar keluar daripada jamuan tersebut kerana ramai warga tempatan yang ingin bersalaman dan bergambar bersama Wakil Rakyat mereka.

Kejohanan Bowling anjuran DUN Bukit Lanjan

Sivarasa bersama Elizabeth Wong telah merasmikan Kejohanan Bowling anjuran DUN Bukit Lanjan di CURVE. Seramai 48 pasukan (3 orang setiap pasukan) telah mengambil bahagian dalam program yang ulung kalinya dianjurkan.

Sokongan Kepada SUARAM

Sivarasa telah bersama teman-teman NGO beliau di Dataran Merdeka memberikan sokongan beliau kepada SUARAM.

Beliau sempat memberi sepatah-dua kata-kata sokongan dan sedikit latar belakang SUARAM dimana beliau adalah salah seorang pengasas NGO Hak Asasi ini.

Perayaan Tanglung

Masyarakat Tionghua meraikan Perayaan Tanglung bersempena dengan Bulan 8 calendar Cina setiap tahun. Perayaan ini mengingati kejayaan masyarakat China mengatasi kezaliman Mogul. Regim ini telah ditumbangkan dengan kebangkitan masyarakat yang telah mengantar mesej tersembunyi dalam 'kuih bulan' untuk rakyat bangkit berlawan regim zalim itu.

Dalam ucapan Sivarasa dalam setiap Perayaan Tanglung yang dianjurkan di sekitar kawasan Parlimen SUBANG, beliau mengingatkan masyarakat untuk bersatu suara menuntut Keadilan untuk rakyat Malaysia.

Jamuan DAP Pekan SUBANG

YB Sivarasa telah sempat hadir bersama dengan pimpinan DAP pada Jamuan Makan Malam DAP Pekan SUBANG. Antara pimpinan DAP yang turut hadir termasuk YB Lim Kit Siang, YB Teng Chang Kim dan YB Ronnie Liu.

YB Sivarasa turut diberi penghormatan untuk berucap di jamuan tersebut yang dihadiri lebih 800 warga Pekan SUBANG.

Response to RPK's lies

Press statement by Sivarasa Rasiah in response to the scandalous lies of Raja Petra Kamaruddin – 14th August 2012
Raja Petra  does his lies again!
I refer to Raja Petra’s article published on his blog “Malaysia Today” entitled “The day I met P. Balasubramaniam (part 3) which makes  scandalous and false allegations against me and another lawyer M. Puravalen.
Raja Petra does his usual spin of mixing truth and fiction in order to make a story sound interesting. Unfortunately for him, lies remain lies.
Let me give an example of how he did this just a few weeks ago on 18.7.12 in his blog. He dramatically did this opening intro for an article:
“When Sivarasa was in the opposition, he represented Sri Aman Development against MBPJ. Once Pakatan Rakyat took over the Selangor State Government, Sivarasa did a U-turn. He changed sides. He became a turncoat and represented MBPJ against Sri Aman Development ...”
I have never represented Sri Aman Development against MBPJ or in any case for that matter. That is a fiction created by RPK.  It is true that I acted for MBPJ when Sri Aman Development sued MBPJ in a judicial review action. You can read about the details at  http://sivarasa.blogspot.com/2012/01/raja-petras-scurrilous-and-dishonest.html.   So RPK’s words such as “U-turn”, “changed sides”, “turncoat” are all interesting sounding but in essence mischievous and false statements.
In the same way, he creates fictions ( i.e. lies ) in his recent above mentioned  article.
Example 1.
He says I invited him to a meeting at lawyer M Puravalen’s house on 2nd July 2008 – this is the day before the press conference at PKR Headquarters where P. Balasubramaniam’s  (“Bala” ) 1st SD made on 1st July 2008 was made public.
 RPK also says that at this meeting “ In the presence of Sivarasa and Puravalen, Bala and his ex-police officer friend boasted how they used to bump off criminals and got rid of their bodies. Azilah, Sirul and we  were all in the same team, they laughed”. This is a malicious FICTION created by RPK to attempt to smear me, Puravalen and Bala.  It is false that Bala knew Sirul and Azilah and that that fact was made known to me and Puravalen.
If Bala had truly known Sirul and Azilah, he would probably have been charged together with them.  In fact the police remanded Bala for about 2 weeks after the murder of Altantuya  on a section 302 murder charge investigation.  He was released without being charged.
RPK was invited to that meeting in Puravalen’s house the day before the 3nd July press conference to be given a pre-view of Bala’s 1st SD to put up on his blog and write about it which he did.
Example 2
RPK then goes on to say that after that meeting in Puravalen’s house, we adjourned for dinner at a nearby Italian restaurant to discuss the following day’s conference. Then, he adds, “Sivarasa coached Bala on what he should and should not say at the press conference”.
This is the same mixture of truth and fiction. It is true that we all went to the Italian restaurant. The rest of the allegations which I have highlighted above ie that we went there to discuss the press conference  and that I coached Bala what to say is all a malicious lie and a fiction created by RPK.
What he does not mention is that we simply went to the restaurant because Puravalen had a pre-arranged dinner commitment there with some other friends.  We did not go there purely to discuss the press conference. In fact Bala was quite open about his SD and mentioned the contents to the others present.
What RPK has omitted to mention from his story is that Americk Sidhu, a senior and reputable lawyer  and who is also Bala’s lawyer, was present at the house and also at dinner at the Italian restaurant.  RPK also omits to mention that he knew all along that Bala’s 1st SD was actually prepared by Americk after weeks of discussions and meetings with Bala going over all the details.  It is quite far-fetched to suggest a scenario where I am coaching Bala in front of his own lawyer and people I had just met for the first time.  Americk was also present at the press conference the next day at PKR HQ.
RPK might want to ask Americk for his recollection of the events at Puravalen’s house and also at the restaurant.  He might also want to check with his own wife Marina as she was present throughout.
Example 3
RPK then goes on to spin the fiction that I asked Anwar Ibrahim to arrange for a Chinese tycoon to pay Bala RM20,000 per month in India . This again is a malicious lie and made to suggest that Bala was given a financial inducement to make a false SD.
Let me state this for the record – no one including myself offered or gave Bala any financial inducement to make the 1st SD.
Americk Sidhu has in fact informed me of a very interesting fact - that it was RPK himself who organised some financial help for Bala after he uploaded the interviews that Bala did in Singapore in November 2009  which were widely reported in the Internet ( the urls are cited in RPK’s Part 3 ).  I have no problem with RPK helping Bala who was by then already over a year overseas. But RPK needs to be honest about why he is now  singing quite a different tune and attacking Bala to suit a UMNO/BN script.  But I suppose we cannot expect anything different now from RPK after his TV3 ( just prior Sarawak State elections )  and Utusan interviews ( end of 2011 ).
Example 4
Another lie he creates in the last two paragraphs of his article is that I promised to arrange another financier to support Bala in return for him doing his recent interviews  with Malaysiakini where Bala  revealed the attempts by Deepak Jaykisnan and  UMNO Deputy Minister Hamzah Zainuddin to get him to sign statements smearing  me and Anwar ibrahim and in return to get a deal to come home.
For  the record, I do not go around paying anyone to make false statements.  I would have better use for the millions of ringgit that I would have needed to do that, which I don’t have in the first place.
Americk Sidhu as Bala’s lawyer is fully aware of all the moves that Deepak and Hamzah Zainuddin made and documented the entire affair to expose the manner in which UMNO was still trying to get Bala to backtrack on his 1st SD.    
Example 5
Another false and mischievous insinuation that RPK tries to sneak into his article is the idea that SUARAM coached Bala on what to say to the French investigators.  This is a somewhat foolish assertion as RPK himself knew at all times that Bala did his statement to the French investigators in the presence of his lawyer Manjeet Singh Dhillon whose seniority, experience and public profile is well-known.
RPK’s allegations a feeble, belated attempt to damage Bala’s credibility
 I conclude this response by saying this. The real issue is not what RPK is conjuring up now.  The real issue is the truth about the real murderer of Altantuya.  The Malaysian public understands that Azilah and Sirul were merely the instruments in the murder of Altantuya. The real murderer is the person or persons who directed these 2 policemen to kill her and dispose completely of her body by blowing it to bits with C4 explosive.
This question as to who is the real murderer/s was never really probed by the police, the AG’s Chambers ( at least from what we know publicly ) and also in the farce of the murder  trial that took place.  The question of what role Musa Safiri ( Najib’s ADC ) played and why he was making calls to the 2 policemen the night they killed Altantuya was never allowed to be probed.
The question of what Nasir Safar ( Najib’s private secretary for 20 years ) was doing driving around slowly in a blue Proton in front of Razak Baginda’s house shortly before the 2 policemen/killers take Altantuya  away is also not asked.
The question whether it is true ( as asserted in Bala’s video interview in Singapore, put up by RPK himself ) that Najib’s brother, Nazim Razak met him on the night of 2nd July 2008 to threaten and also bribe him to retract the 1st SD)  needs to be answered.
Why the Attorney General Gani Patail and the police are so reluctant to prosecute Bala for the offence of making a false SD if the 1st SD is claimed to be false is also very revealing and a key question in itself.
So what RPK is doing now are simply irrelevant side-shows to try to discredit Bala at a very late stage of the game.
If Bala’s credibility is an issue, then this should have been easily resolved a long  time ago with the AG charging him for making a false SD and also charging Americk Sidhu for abetting in that offence.  The fact that the AG refuses to do anything and our learned Minister Nazri ( in charge of legal affairs ) maintains that Bala has committed no offence speak volumes about where the truth lies.

Sivarasa Rasiah, Member of Parliament for Subang.
Member of Central Leadership Council and Political Bureau for Parti Keadilan Rakyat

Evidence Act 1950 , 114A

PAKATAN RAKYAT PRESS STATEMENT – 28TH June 2012

We the undersigned Pakatan Rakyat Members of Parliament wish to record our serious concern with the impact of introducing the new section 114(A) to the Evidence Act 1950.
This amendment was rushed through in the last part of the April session of Parliament.  We are of the view that the serious consequences of the amendment have been overlooked.
Our concerns about the amendment include the following:
i. The amendment wrongfully presumes guilt rather than innocence.  It makes individuals and organizations who administer, operate or provide spaces for online community forums, blogging and hosting services, liable for content that is published thought its services. This undermines core principles of justice, democracy and fundamental human rights.
ii. It allows hackers and cyber criminals to go free by making the person whose account/computer is hacked liable for any content/data which might have changed.
iii. The above will cause a chilling effect on user-driven production and consumption of Internet content which can negatively impact Malaysia’s thriving Internet economy, a significant contributor ( about 4% ) to our country’s GDP.
iv. It threatens the principle of anonymity online, which is crucial in promoting a free and open Internet.
v. It threatens freedom of expression online. UN special Rapporteur Frank La Rue issued a 2011 report underscoring the right to freedom of expression on the Internet and expressed his concern that laws that purportedly protect an individual’s reputation, public order, or national security ultimately are used censor the expression of information deemed unfavorable to the government and other powerful bodies.
 This amendment contradicts the policy of local governments like DBKL and others who are promoting and considering making it mandatory for food establishments like cafes and restaurants to provide Wifi services to their customers. These amendments put the owners of such establishments in the unacceptable situation where they are now held criminally liable for the actions of anonymous customers.
We call upon the Barisan Nasional government to halt any further progress on this Bill although it has been approved by the Dewan Rakyat and Dewan Negara, and not gazette the Bill.
Legislation to repeal this Bill should be initiated at the next session of Parliament.
Pakatan Rakyat commits to such a repeal in the event that the Barisan Nasional does not implement it.

Sivarasa Rasiah,  Member for Subang,  Parti Keadilan Rakyat
Fong Po Kuan, Member for Batu Gajah, Democratic Action Party
Dr Dzukifli Ahmad, Member for Kuala Selangor, Parti Islam Se-Malaysia

Sivarasa interviewed on BFM89.9

SivarasaRasiah takes a look at LGBT rights, Sabah defections & PR's chances at governing Putrajaya http://t.co/2mHKLQJh

Do not damage the full potential and future of SRJK(T) Effingham

27th July 2012

Do not damage the full potential and future of SRJK(T) Effingham - return the land to the school
I am completely disappointed with Dato Seri Palanivel's announcement on Effingham on Monday this week. Instead of correcting an injustice committed by MIC by stealing the land from the school, he is now trying to hoodwink the public with his announcement that MIC will build a hostel for poor students and a multi-purpose hall/ sports centre on the land to be used by all the 523 Tamil schools in the country.
Palanivel needs to understand and recognise first that MIC should never have made the application to the BN Selangor government in 1999 to take 3 acres of the original 6 acre site allocated by the developer for a primary school.  MIC should instead have insisted with the BN government, which they are part of, that SRJK (T) Effingham was entitled to 6 acres like all the primary schools in the area including the nearby SRJK (C) Puay Chai which is sitting on 6 acres of land.  Instead MIC looked selfishly at its own interest and applied for the land to build its party headquarters. As far as I am concerned, this was a foul theft of the highest order of the land from the school.
Today because of the public pressure to return the land to the school, MIC is forced to give up its original plan to build its party headquarters. They also know that as long as the Pakatan Rakyat rules Selangor, they will never be allowed to build that party headquarters.
So Palanivel's announcement has no sincerity. It is simply a meaningless exercise in damage control which does not address the real issue - the need for the 3 acres for SRJK (T) Effingham to ensure that that generations of  Effingham Tamil school children have a decent school with decent facilities.
It is ridiculous to expect that 523 Tamil schools all over the country can enjoy the use of a hostel located in Bandar Utama. It is a foolish proposition. Equally foolish is the idea that the Tamil schools all over the country can enjoy the sports facilities that the MIC intend to build on the 3 acres.  Such facilities should be available close to the Tamil schools wherever they are.
Palanivel is burying his head in the sand like the proverbial ostrich and refusing to see the need of SRJK (T) Effingham is paramount. The school does not need a hostel or those sports facilities. Right now they cannot even have a proper 100 meter running track because MIC stole those 3 acres. Why is he talking nonsense about building sports facilities? What SRJK (T) Effingham needs is the 3 acres of land so that the school can provide decent facilities to its 500 students. It needs the 3 acres so that Tamil parents in the area can see that the school can provide decent facilities of an acceptable standard to the children there. Only then will more Tamil parents be encouraged to send their children there.
What Palanivel and MIC are doing now by refusing to return the 3 acres is to destroy the full potential of SRJK (T) Effingham to best educate generations of Tamil children. This statement by Palanivel only further confirms the hypocrisy of MIC when they claim themselves as so-called guardians of the interest of the Indian community in Malaysia.



Sivarasa Rasiah
Ahli Parlimen Subang
Anggota Majlis Pimpinan Pusat Parti Keadilan Rakyat

Public debates on racial lines must be rejected

PRESS RELEASE: Public debates on racial lines must be rejected

We refer to recent calls for a public debate between Indian leaders from the MIC and Pakatan Rakyat. We categorically reject debates between political leaders organised purely on racial lines. Single-race debates are an unhealthy reflection of the BN's race-based and 'divide and rule' politics, which has been rejected in toto by Pakatan Rakyat. The problems faced by the marginalised Indian community is a key national issue, and not just a matter which concerns Malaysian Indians alone. Any public debate upon this issue should involve all interested and responsible parties, irrespective of their race. The MIC, which is subservient to UMNO, is powerless and incapable of bringing positive change and development to the Indian community. Any debate solely with MIC Indian leaders on the future of the Indian community is an exercise in futility. Further, it is UMNO which has held real power in the BN and is to blame for the serious and long unresolved problems faced by the Indian community today. It is time UMNO stopped deceiving the public that the MIC can effectively represent Indians or resolve their manifold problems. These problems include poverty, lack of educational opportunities, poor employment prospects, disproportionate crime rate, statelessness and an inequitable share of the national wealth. As such we call upon the UMNO/BN to make available senior UMNO Cabinet Ministers for a public debate with Pakatan Rakyat leaders upon the problems and future of the Indian community. This would afford all Malaysians an opportunity to evaluate both parties' plans and commitment to resolve the problems of the Indian community. In view of the urgency and importance of the matter, we call for a response from UMNO/BN to our invitation for a public debate within 48 hours.

Issued by,

N SURENDRAN

VICE PRESIDENT

KEADILAN

R.SIVARASA

MEMBER OF POLITICAL BUREAU

SUBANG Member of Parliament

M.MANOGARAN

TELUK INTAN Member of Parliament

S.MANIKAVASAGAM

MEMBER OF KEADILAN CENTRAL COMMITTEE

KAPAR Member of Parliament

9.7.12

Dialogue with Youth and Church Leaders

Sivarasa together with Charles Santiago met with  a group of young professionals in a dialogue session recently. The 2 hour session held at the MBPJ library discussed issues as varied as the economy, security and the nations outlook post GE 13.

On Monday 23rd, YB Sivarasa met up over dinner with the leaders of the various churches from Kota Damansara.

They exchanged concerns faced by the  churches including issues of registration, council policies on signboards for churches etc.

We look forward to more of these kind of interaction with other sections of the community.

Ceramah di Subang Perdana

Ahli Majlis dan MPP Zon 17 Shah Alam telah menganjurkan Ceramah Rakyat di SUBANG PERDANA pada 29hb Jun 2012.

Lebih 2000 warga tempatan dan persekitaran telah hadir membanjiri tapak ceramah dalam suasana pesta untuk mendengar perkembangan terkini tanah air kita.

Antara penceramah-penceramah yang turut hadir ialah YB Hannah Yeoh (ADUN Subang Jaya) yang berkongsikan perkembangan terkini dan pencapaian Kerajaan Pakatan Rakyat di Selangor. Turut hadir berceramah bersama adalah Tuan Hj Mesni, YDP PAS Subang.

YB Abdullah Sani dan YB Dr Nasir Hashim turut berceramah bersama Sdr Aru, Setiausaha Agung PSM.

YB Sivarasa mengingatkan para hadirin untuk membawa perubahan pada PRU13 nanti. Tn Mat Sabu menjadi penceramah sensasi yang membakar semangat para hadirin untuk berani membawa perubahan dan mengangkat PR sampai ke Putrajaya!

PRESS STATEMENT - 26 JUNE 2012

INVESTIGATE LEAK AND SALE OF TOP-SECRET MILITARY DOCUMENT ON SCORPENE

I note from his article published yesterday in the website Asia Sentinel that John Berthelsen, a well-known regional journalist has received what appear to be leaked documents from the on-going French investigation in Paris into corrupt payments made in connection with the purchase by Malaysia in 2002 of 2 Scorpene submarines.

French counsel for Suaram Joseph Breham announced in Bangkok on 30^th May 2012, amongst other revelations, that a top-secret document belonging to the Malaysian Navy relating to the Scorpene purchase had been seized from the Paris office of the French firm supplying the submarine DCNS.  He also  said that  the records also showed that the document came to DCNS from Terasasi Hong Kong a company owned by Razak Baginda and his father. Breham also suggested that money must have been paid to Terasasi by DCNS for that secret document.

Minister for Defence Datuk Zahid Hamidi has denied the transaction and said he will provide a full answer in Parliament today. It appears that he is referring to his answer to the adjournment speech to be made by YB Nurui Izzah at the close of proceedings today.

Upon receiving certain information relating to the documents exposed by John Berthelsen, we have verified that Document 151 in the French investigation file has a comment written by the investigators which in English reads as follows:

“In the file entitled ‘Report of the December 2000 – June 2002 Phase III Part 2’ appeared  the evaluation report of the French offer by the Royal Malaysian Navy dated 17 April 2001 followed by a table comparing the specifications of Scorpene and the wishes of the Malaysian Navy ( page 29 … ) with the technical assessments. The report concluded (page 30 ) that the offer was acceptable but an agreement must be reached on a few details notably the delivery.” Datuk Zahid must therefore explain today instead of just making bare denials the following:

-          How did this top secret document get into the hands of Terasasi and then to DCNS?

-          Who are the persons responsible for selling top secret military documents

-          Is he going to instruct the police to commence investigation and summon Razak Baginda for questioning?

Sivarasa Rasiah

Ahli Parlimen Subang, Anggota Biro Politik dan Majlis Pimpinan Pusat Parti Keadilan Rakyat

PRESS RELEASE:

 Former ACA director Abdul Razak Idris denies that Anwar ordered him to make SD

        We refer to the false allegations published in the NST and Berita Harian on 21st June 2012 that opposition leader Datuk Seri Anwar Ibrahim had ordered former ACA director of investigations Abdul Razak Idris to make a statutory declaration relating to the RM 3 billion allegation. En Abdul Razak Idris has now denied the allegation that he was ordered by Anwar to make the SD clearing him of wrongdoing. Abdul Razak Idris has communicated this fact to NST and Berita Harian. We have been given a copy of his message in which he says, " Saya pula bukan diarah oleh DSAI tetapi saya diminta oleh KP SPRM untuk elakkan beliau atau pegawainya disapina oleh DSAI sebagai saksi plaintif dlm civil suit terhadap NST yg didengar pd akhir Nov 2009." From the preceding, it is clear now that the UMNO- owned NST and Berita Harian published a blatant lie against Anwar in order to inflict political damage upon him. This campaign of libel and character assasination is of course carried out with the knowledge and approval of Prime Minister Najib and UMNO who own these two newspapers. This denial by En Abdul Razak Idris' gives clear proof of the underhand UMNO campaign to defame and villify Anwar Ibrahim. UMNO and its media have now been caught red-handed making a false statement of a very serious nature about Anwar.The opposition leader has through his solicitors today issued a demand to the NST and Berita Harian newspapers to publish with equal prominence Abdul Razak Idris' denial that he was ordered to make the SD by Anwar. Datuk Seri Anwar Ibrahim also claims damages and an undertaking that the false allegations will not be repeated.

 Issued by,
 N SURENDRAN
 VICE PRESIDENT  KEADILAN

 SIVARASA RASIAH
 MEMBER OF POLITICAL BUREAU &
 MP FOR SUBANG

 25 JUNE 2012

MENGAPA TIADA TINDAKAN KE ATAS MUSA AMAN?

KENYATAAN MEDIA

14 Jun 2012

MENGAPA TIADA TINDAKAN KE ATAS MUSA AMAN?

Setelah dikejutkan dengan skandal RM250 juta NFC dan jualan rahsia pertahanan negara dalam kes Scorpene, rakyat Malaysia dikejutkan sekali lagi oleh skandal rasuah yang maha besar. Kali ini, perlakuan rasuah didakwa dilakukan salah seorang pemimpin kanan Barisan Nasional di Sabah, iaitu tidak lain dan tidak bukan Ketua Menteri Sabah sendiri, Datuk Seri Musa Aman.

Laman web “Sarawak Report” dalam beberapa artikel sejak bulan April 2012 telah mendedahkan Datuk Seri Musa secara sistematik merompak harta pusaka rakyat Sabah sejak tahun 1996 dengan mengaut keuntungan haram melalui rasuah jualan balak.

Dalam satu artikel bertarikh 10 Jun 2012, “Sarawak Report” telah mempamerkan dokumen-dokumen yang mendedahkan Datuk Seri Musa telah menyimpan wang haram yang dianggar melebihi USD90 juta di bank-bank di Hong Kong dan Zurich.

Kami difahamkan bahawa kes tersebut telah disiasat badan anti-rasuah di Hong Kong iaitu Independent Commission Against Corruption (ICAC), yang menyatakan bahawa Datuk Seri Musa telah menggunakan sistem “money-laundering” melalui beberapa ajen - termasuklah Michael Chia dan peguam Richard Barnes - serta akaun-akaun di luar negara untuk cuba menyembunyikan identiti beliau.

Pada masa yang sama, “Sarawak Report” turut mendedahkan terdapat usaha melengahkan siasatan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) ke atas kes rasuah ini yang dilakukan oleh Peguam Negara Tan Sri Abdul Gani Patail. Untuk makluman semua, Tan Sri Abdul Gani Patail juga mempunyai pertalian persaudaraan dengan Datuk Seri Musa Aman.

Maka KEADILAN menggesa pihak-pihak bertanggungjawab memberi penjelasan berkaitan hal-hal yang berikut:

1) Demi membuktikan sama ada dakwaan “Sarawak Report” adalah benar atau tidak, Datuk Seri Musa Aman wajib membuat deklarasi aset sepenuhnya dalam masa yang terdekat, termasuklah segala aset dan harta yang disimpan dalam semua akaun-akaun bank di luar negara di atas nama beliau ataupun ahli-ahli keluarga terdekat.

2) SPRM wajib perjelas status siasatan ke atas Datuk Seri Musa Aman, sama ada pihak ICAC ada meminta bantuan siasatan di bawah “Mutual Assistance in Criminal Matters Act (2002)” berkaitan kes rasuah ini, serta apakah tindakan lanjut pihak SPRM berkaitan skandal ini.

3) Tan Sri Abdul Gani Patail wajib menjawab dakwaan bahawa beliau telah melengahkan siasatan SPRM sama ada secara langsung ataupun tidak, hingga mengakibatkan pihak ICAC tidak dapat mengambil tindakan terhadap Datuk Seri Musa.

4) Difahamkan siasatan terhadap bank UBS AG, yang didakwa membantu menyalurkan wang haram (“money-laundering”) Datuk Seri Musa, akan bermula di Switzerland - mengapa Kerajaan Malaysia kelihatan seperti enggan melaksanakan sebarang tindakan undang-undang berkaitan dakwaan rasuah Datuk Seri Musa Aman?

YB Nurul Izzah Anwar, Ahli Parlimen Lembah Pantai merangkap Naib Presiden KEADILAN

YB Tian Chua, Ahli Parlimen Batu merangkap Naib Presiden KEADILAN

YB Sivarasa Rasiah, Ahli Parlimen Subang merangkap Ahli Majlis Pimpinan Pusat KEADILAN

Darrell Leiking, Timbalan Setiausaha Agung KEADILAN

957 peneroka saman Felda

Wartawan Sinar Harian
6 Jun 2012

 KUANTAN - Seramai 957 peneroka dari Felda Keratong 1 hingga 10, Rompin memfailkan saman dan tuntut ganti rugi sebanyak RM525 juta berhubung penipuan serta pecah amanah terhadap Felda dan Felda Palm Industries Sdn Bhd di Mahkamah Tinggi di sini, semalam.

Dalam tuntutan itu, peneroka menamakan Felda sebagai defendan pertama dan Felda Palm Industries sebagai defendan kedua.

Tuntutan itu berhubung pembayaran Kadar Perahan Gred (KPG) kelapa sawit didakwa rendah sepanjang 17 tahun, di samping mendakwa Felda tidak pulangkan kembali tandan buah busuk dan tidak berguna kepada peneroka.

Tuntutan saman itu diwakili tiga peguam bela diketuai R Sivarasa yang hadir bersama T Kumar dan Latheefa Koya di mahkamah kira-kira jam 2 petang.

Kira-kira 100 peneroka memenuhi pekarangan mahkamah. Hadir sama, Pengerusi Biro Peneroka dari PKR, Shuhaimi Said.

Sementara itu, R Sivarasa berkata, tuntutan saman itu berikutan defendan tidak menggunakan kadar KPG yang wajar terhadap peneroka.

Menurutnya, peneroka juga mempersoalkan tindakan defendan kerana menghalang plaintif melakukan ujian perahan minyak sawit di makmal bebas.

“Kenapa Felda menghalang tindakan mereka (plaintif) kalau tidak bersalah? Kenapa perlu takut untuk dibenarkan membuat ujian?” katanya.

Sebelum ini, seramai 770 peneroka membabitkan lapan rancangan dari Felda Chini dan Felda Chini Timur, Pekan memfailkan saman serta menuntut ganti rugi sebanyak RM442 juta di Mahkamah Tinggi di sini, 26 April lalu.

Pada Januari 2010, Mahkamah Persekutuan memerintahkan Felda membayar sebanyak RM11 juta sebagai ganti rugi kepada peneroka di Felda Kemahang 3, Kelantan kerana penipuan kadar perahan minyak kelapa sawit.

Secret documents sold to French company

Teoh El Sen | May 31, 2012

The evaluation documents by the Malaysian Navy on the Scorpene submarine was sold for RM142 million.

PETALING JAYA: A highly-confidential government document — an evaluation by the Malaysian Navy of the Scorpene-class submarine and contract details — was allegedly sold to a French defence company for 36 million euros (RM142 million), according to human rights NGO Suaram.

Lawyers acting for the Suaram in an ongoing French judicial inquiry said that the secret document was sold by Terasasi (Hong Kong) Ltd to French defence giant DCNS, ostensibly for “commercial engineering” works.

This was among the major aspects that the French investigative judge probing the case lodged by Suaram against Paris-owned shipmaker DCNS for alleged corruption are looking at.

According to French lawyer acting for Suaram, Joseph Breham, the French judge had inquired what those payments were and had demanded reports of financial transactions.

The lawyer had said it was even possible that Thales, a subsidiary of DCN, decided to pay the money to obtain the classified document so that it could better its bid for the project.

Directors of the Hong Kong-based Terasasi include Prime Minister Najib Tun Razak’s close ally Abdul Razak Baginda and the latter’s father Abdul Malim Baginda.

The secret document was allegedly sold to Thales International, also known as Thint Asia, which is a subsidiary of DCN (later known as DCNS).

DCNS is the company central in the legal suit filed by Suaram in 2009 in the French courts, which recently commenced a judicial inquiry at the Tribunal De Grande Instance in Paris.

The inquiry revolves around the RM7.3 billion deal to purchase two Scorpene submarines with DCNS and Spainish Navantia in 2002, when Najib was defence minister. Suaram’s complaint was based on the claim of corruption for a payment amounting to 114 million euros from DCNS to Perimekar.

Perimekar is also directly linked to Abdul Razak who was acquitted of abetting in the murder of Mongolian national Altantuya Shaariibuu; while two of Najib’s former bodyguards were convicted for the murder.

Speaking to FMT from Bangkok, Suaram director Cynthia Gabriel said that the selling of the secret document for 36 million euro amounted to an act of treason, on top of it being most probably a corrupt act.

“This is downright illegal. Clearly an act of treason as it is a breach of defence secrets by selling state secrets. It is classified as a confidential document by Royal Malaysian Navy for the government, supposed to be in internal document that comes under the Official Secrets Act, and you sold it to a French company? You are not supposed to do this,” she said.

Devious act

Cynthia said this was “one of the big scandals” that had surfaced from the Suaram trial, and the information was among the hundreds of French’s prosecution investigative documents that Suaram currently has privileged access to.

“Indeed a very devious act. There is clearly a possibility of money laundering, or the money could be channeled to various beneficiaries including political organisations in Malaysia. This is corrupt and we think it is a sweetener to buy off some people,” she said.

“We now want to ask who benefited from this? When we went through the Paris papers. these was among the most startling issues. Before this we only know of Perimeker, now there is the emergence of the company Terasasi was actually key many answers, to showing how the money trail became more complicated, involving another Asian country, in the transfer of monies,” she said.

Cynthia said everybody is “shocked at the scale of the robbery” and “there is no longer space for silence”.

“It has become incumbent on the Malaysian government to give a proper explanation on the money that has been dished out. They cannot keep all these away from the public. We believe that there are many more skeletons in the closets and many more secrets that need to be unraveled .”

Cynthia was together with Breham, lawyer Fadiah Nadwa Fikri and R Sivarasa in Bangkok to reveal ‘damning details’ on the Scorpene case. A press conference at the Foreign Correspondence Club of Thailand was held yesterday.

The conference was held in Bangkok as Breham was unable to get a proper visa to enter Malaysia. Another French lawyer acting for Suaram, William Bourdon, was last year deported from Malaysia.

Saravanan dwarfs other MIC leaders

RJ Rajah | May 31, 2012

The party vice-president showed his political shrewdness by taking on the oppositition face to face on a sensitive matter.

COMMENT

Politics is the art of seizing an opportunity on the prevailing issues to outclass others in the same profession. Not many are good at it. Among the mundane political figures of MIC, one leader recently proved that he has the political shrewdness and ability to overshadow his fellow leaders in MIC and, at the same time, taking on the opposition face to face on a sensitive issue – the Effingham Tamil school land.

That leader is M Saravanan, MIC vice-president, and Federal Territories and Urban Wellbeing Deputy Minister. Key MIC leaders, including party president G Palanivel, avoided direct debate with the opposition leaders on the Effingham Tamil school land issue, which had been widely published.

The land issue was highlighted and persistently pursued by Subang MP R Sivarasa (PKR), who alleged that three acres of land originally allocated to the Effingham Tamil school by the developers had been “hijacked” or “stolen” by MIC for its own purposes during the time of former president S Samy Vellu. Sivarasa produced documents to back his claim and called on the party to return the land on moral grounds.

In retaliation, Palanivel announced that the land legally and rightfully belongs to MIC and that the party will build educational facilities on the land benefiting the Indian community, including a student hostel, similar to the old PPN hostel established by the NUPW (National Union of Plantation Workers), which was demolished several years ago to pave the way for a condominium development.

However, the opposition team under Sivarasa doggedly pursued the issue, asking MIC to return the land. Other key MIC leaders refrained from commenting except Saravanan.

Saravanan steps in…

Saravanan took the bull by the horn. He challenged Sivarasa to a public debate on the issue, saying that since the Selangor state government is controlled by Sivarasa’s own PKR party, it can always take back the land if it had been illegally transferred to MIC.

Saravanan also challenged Sivarasa to sue MIC and reclaim the land if there are improprieties in the transfer of the disputed land.

Sivarasa avoided the public debate but preferred a public discussion to exchange views and documents. He also agreed that the land was legally transferred to MIC but should be returned on moral grounds as it rightfully belonged to the Tamil school.

While the issue received wide publicity in the Tamil press, a group of supporters went on a hunger strike in Brickfields asking MIC to return the land.

In an unprecedented manner, Saravanan went to the scene of the hunger strike and held direct talks with Sivarasa and other opposition leaders present. Finally, as a result of the frank discussions, Sivarasa’s team agreed to drop the word “stolen by MIC” when referring to the land issue and promised that they will persuade the Selangor state government to allocate another piece of land to MIC in the event the party hand over the disputed land to the Tamil school.

On his part, Saravanan promised to bring the matter to the attention of Palanivel and the party’s central working committee (CWC) on the need of the Effingham Tamil school for extra land.

Surprisingly, during all these incidents there were no comments from Palanivel on whether he has authorised Saravanan to carry on these discussions or whether he has consented to the proposals purportedly agreed to by both camps.

Other leaders also refrained from supporting Saravanan, which indicates that what Saravanan did was on his own without the blessings of the top leadership.

Effingham issue: Is it over?

The Effingham issue is far from over. The MIC’s current leadership is in a dilemma. If the MIC hands over the land back to the Tamil school, it will only prove that it did something morally wrong and the blame would then fall squarely on Samy Vellu, who engineered the land transfer with the help of former Selangor executive council member K Sivalingam. It will also be seen as a victory for the opposition against MIC and would be used as a campaign fodder in the forthcoming general election.

MIC’s proposal to build educational facilities on the disputed land is a good idea, but still it will face the wrath of the opposition which will continue to harp on the issue and which will again be highlighted during the national polls.

Whether Saravanan’s actions would be condoned or condemned by the party will only be known when the party holds its next CWC meeting.

A formula that is feasible and pleasing to both camps would be to hand over the land to the Tamil school on a long lease of, say, 50 years, with MIC still retaining ownership of the land. The land could be leased to the Tamil school for a nominal fee of RM1 per annum to be used only for the school facilities.

It must be pointed out here that the land where Sri Thandayuthabani School is located in Jalan Ipoh, Kuala Lumpur, belongs to the Nattukottai Chettiar’s trust, which also manages the adjoining temple, but it has given the land to the government on a long lease for a nominal fee of RM1 per annum.

A similar proposal for Effingham would solve the issue once and for all. MIC can consider it as it will benefit the Tamil school, an issue for which the party had been struggling all these years. MIC will also not lose its credibility since it would still be retaining ownership of the land.

There might not be a compromise or conclusion to the Effingham Tamil school land issue in the near future, but one man has seized a political opportunity and has shown that he has the political shrewdness to face the opposition to debate, discuss and solve the problem.

Saravanan may have other setbacks or controversial issues surrounding him, but in the Effingham Tamil school land issue, he has clearly outclassed the other MIC leaders with his performance.

RJ Rajah is an observer and writer on politics and social issues with a keen interest partiuclarly in Malaysian Indian affairs.