Thursday, February 26, 2015

It will be wise for MIC to resolve its internal problems quickly and with dignity, and then move on to fight for the Indian community it claims to represent with true sincerity, courage and commitment.



Press Statement by M Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on February 25th, 2015

It will be wise for MIC to resolve its internal problems quickly and with dignity, and then move on to fight for the Indian community it claims to represent with true sincerity, courage and commitment.


It was reported today that in response to MIC strategic director AK Ramalingam’s move to initiate a judicial review of Registrar of Societies’ actions and statements on feb 6 which declared the 2013 MIC elections null and void, an upset Tan Sri Muhyiddin Yassin has told the MIC leadership that they can do what they want to resolve the party’s crisis, but should not blame the Barisan Nasional if it gets deeper into trouble.

Since Muhyiddin has said that Barisan Nasional will only advice, there is no reason for him to be upset and angry if his or BN’s advice is not accepted. Otherwise, that is not advice anymore.

Muhyiddin has to realize and accept the fact that the MIC leaders and members have the right to resolve their own problems the way they see fit.

I cannot and do not wish to interfere in MIC’s internal affairs , however , I will remind BN and MIC leaders that if MIC wishes to earn the respect of the Indian community,  it must be free to resolve its own crisis with dignity, that is , without any interference from Umno or BN.

When commenting on the judicial review by AK Ramalingam, Umno Vice President Datuk Seri Zahid Hamidi also advised against such move and asked yesterday “How are you going to solve the problems in the Indian community if you cannot even take care of your own party problem.”

Zahid was right but he too must realize that how is MIC going to champion for the Indian community if it has to rescued by Umno which interferes with giving so called advice? 

Last month, MIC Vice President Datuk M Saravanan has said that Palanivel as President was the choice of the Prime Minister Datuk Seri Najib. So the truth was out and MIC has been having a puppet President who is the weakest among all its former Presidents.

I also wish to remind MIC that decades of BN government’s failed and unfair policies have resulted in the Indian community being marginalized.

It will be wise for MIC to resolve its internal problems quickly and with dignity, and then move on to fight for the Indian community it claims to represent with true sincerity, courage and commitment.

Monday, February 16, 2015

Police need to take stock and clean their own backyard



Press Statement by M. Kula Segaran DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on 16th February 2015

 Police need to take stock and clean their own backyard

On the instructions of Madam Leong, we filed a civil case against
Mod Taufik Peter bin Abdullah as the First Defendant, against the Police and Government of Malaysia who were named as 2nd and 3 defendant respectively. 

The case was heard for about 10-11 days and today the Ipoh Sessions Court Judge Puan Sunita Kaur Jessy gave Judgement for the Plaintiffs. 

The Plaintiffs were represented by M. Kula Segaran and Selvam Nadarajah. The First defendant who is in jail was not represented while the police were represented by Miss H.S.Huam from the AG’s Chambers.

FACTS.  

On 16.09.2009 at about 5 pm, one Chen Fun Kee was found shot and killed at his workplace at Kedai MaxGold Enterprise at 105, Jalan Sultan Iskandar, Ipoh. The main business being to buy and sell gold, mortgage pawn receipts and Rolex watches. Further the establishment was also robbed.

1.     The case was brought by the deceased wife Leong Seok Cheng the First Plaintiff (1) and his only child Chen Ming Hui, the Second Plaintiff (2). In this case, the Plaintiff had adduced evidence through the witnesses to show that the First Defendant Mohd Taufik Peter Bin Abdullah the man primarily responsible for the shooting and killing of Chen Fun Kee.

2.    The First Defendant was at all material time an officer of the Police Department with the Police and a Government Servant to Second and Third Defendant. By reason of killing, the First and Second Plaintiff suffered loss of support and damages.

3.    Presently the First Defendant has been charged for murder under 302 Penal Court and the case is pending at Ipoh High Court.

4.    It is the Contention of the Plaintiffs that the CPO (Perak) namely the Second Defendant and the Government of Malaysia the Third Defendant failed to supervise, exercise control over First Defendant and thus, who while being in the employment as a police officer using a pistol belonging to the 2nd Defendant killed Chen Fun Kee.

5.    At all material times, a police officer is primarily governed and controlled by the Police Act. He is “deemed to be always on duty when required to act as such and shall perform the duties and exercise the powers granted to him under the Act or….. Thus clearly this section spells out that a police officer is on duty 24hrs a day. And thus at all material times by implication , what ever duties he discharges is duly performed as an officer of the police force. 
Further by section 85 of the Act a police officer may in the performance of his duties carry arms

6) The deceased was killed by a police officer using arms belonging to the Police force thus implicating the Police Force and they are answerable to the family of the deceased.

A young man of only 42 years was robbed of his life and thus the continuous care and support to this family has been permanently cut off. The Federal Constitution article 5 says on FUNDAMENTAL LIBERTIES- Liberty of the person Article 5. (1) No person shall be deprived of his life or personal liberty save in accordance with law. The Federal Constitution accords protection to all its citizens. But the innocent killing of this man has deprived his life. The police must accept responsibility.

Although the police had argued that the killing by the 1st Defendant was “a frolic of his own”, we had said by providing/according the 1st Defendant the usage of the fire arm the police had a supreme duty of care to society at large which includes the deceased. Are we going to allow the Police to wash their hands without any responsibility? They can arm a police man and he is authorized to be trigger happy?

It has to be remembered whatever compensation the family get may will not bring the deceased alive. Aggravated damages and exemplary damages must be provided to the family of the deceased. But the guilty and those responsible should be made accountable for their negligence and irresponsible acts in this case.

GROUNDS BY COURT

The court also said in her brief decision that “On the balance of probability the First defendant was on duty at the time of the incident and therefore the Second and Third Defendant is vicariously liable.”

The case has now been fixed for assessment of damages for the 13th March 2015.
This decision is a further victory for the innocent man killed by a policeman.

A message must also be sent out by this court that nobody is above the law and that includes the Police in their discharge of their duties. 


Friday, February 6, 2015

The Prime Minister should take the lead and advice the respective states to enact a similar “divorce first, then convert” law proposed by Negri Sembilan government



Press Statement by M Kula Segaran, DAP National Vice Chairperson and MP for Ipoh Barat in Ipoh on 6th, February, 2015
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The Prime Minister should take the lead and advice the respective states to enact a similar “divorce first, then convert” law proposed by Negri Sembilan government 

It is most heartening to note the proposed rules that Negeri Sembilan has announced that if a non Muslim spouse wants to convert to Islam, the spouse must settle his or her divorce first before converting to Islam.

This is definitely a step in the right direction which deserves welcome, especially after the Federal government has till today failed to introduce the necessary law changes to put into effect the 2009 Cabinet decision banning unilateral conversions of minors to Islam. 

In 2009, Cabinet minister Datuk Nazri who announced the Cabinet’s decision to prohibit the unilateral conversion of minors to Islam had noted that this was being abused to escape the responsibilities of a civil union and gain custody of children .

The present situation which allows a non Muslim to embrace Islam without settling the issue of divorce, custody and maintenance in the civil court has caused a lot of pain and agony to the non converting spouse. Although a non Muslim is married under the civil law, due to ambiguity the converting spouse gets remedies on family matters in the syariah court.

Presently, the cases of converting spouse take a lot of the courts’ time and they also financially bleed all those involved in the issue. This is the situation in both the ongoing case in the civil courts in relation to Indira Gandhi and Deepa cases.

Although presently Section 51 of the law Reform Marriage Act provides that that the non converting spouse can file for divorce but this has been abused by the converting spouse like converting the children of the family without the consent or knowledge of the other non converting spouse.  Also the converting spouse conveniently uses the conversion as a method to run away from family responsibility.

Although Negeri Sembilan has announced that a statutory declaration will be required before a couple of an existing marriage converts to Islam, it would be prudent if the necessary Islamic laws are amended to make it mandatory for a couple to obtain divorce first before the conversion take place.

The challenge on this matter would be for other states to implement similar proposals like that of the Negeri Sembilan. I would urge the federal Government to introduce a bill in Parliament on this issue for the Federal Territories.

For purpose of uniformity of the law on this issue, the Prime Minister should take the lead and advice the respective states to enact a similar law to bring certainty to the ongoing endless family fights in the courts on conversion issues.

In 2009, the Cabinet had formed a Cabinet Committee to deal with conversion issues but it was a toothless and ineffective Committee. The same committee was brought to life last year. It has done nothing to assist in conversion cases or resolve the issue. 

Early last year when the conversion cases were being fought out in the courts and it was in the front pages of all papers ,  Prime Minister Datuk Najib came out with a suggestion in that the nation’s Apex court should hear the case and come out with a final solution.

 I had said that by doing so, the Prime Minister was just pushing the buck to the courts. What Najib ought to do was to introduce the necessary amendments to the Marriage Act for a final and long term solution. 

Now that the Negeri Sembilan Mentri Besar has led the way by taking the right initiative to protect the sanctity of Islam and to prevent similar sufferings by Indira Ganhdi and S Deepa from happening to others, the Prime Minister must not disappoint again. He should now do what ought to have been done.

Tuesday, February 3, 2015

The PR leadership council is the best place to resolve the DAP PAS spat and it must meet the earliest



Press Statement by M. Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on 1st February 2015
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The PR leadership council is the best place to resolve the DAP PAS spat and it must meet the earliest

The DAP stand to reintroduce of local council elections is clear. From the inception of DAP in1966, we have been pushing for the third vote vigorously. Even the DAP led Penang state government has passed state law for the reintroduction of the third vote which was supported by all the PR component parties in Penang.

When the Election Commission resisted the call to have the introduction of the third vote, the Penang government took the Election Commission to court. Although the Federal Court disagreed with the wants of the Penang government, the justification by the court to disallow same is unjustifiable.

In the PR common frame word, we are also hoping for the third vote to be a reality.

Unfortunately, the Secretary General of PAS Datuk Mustaffa Ali has now said the third vote is not feasible. He has taken the issue to the public domain.

Mustaffa’s call for an open debate with DAP Secretary General Lim Guan Eng is most unnecessary and his attacks are unwarranted.

Let's not question the credibility of Lim Guan Eng. He went to jail not for his personal gain but as a touch bearer of hope for the people. He has steadfastly articulated for all Malaysians and can be seen in the fruitful polices which touch all and the sundry in Penang.

It cannot be denied this open debate challenge issue is now seen as the factor which may damage our common relationship built over the years in the PR.
 
If the spat is not resolved early, the PR’s sustainability as a formidable government in the waiting is all but gone. Is this final outcome the wishes of the 52% who voted strongly and prayed for a change of the federal government in the last general election?

The PR leadership council is the best place to resolve the DAP PAS spat and it must meet the earliest.