Thursday, November 9, 2017





Speech by M.Kula Segaran MP Ipoh Barat while debating the 2018 budget in Parliament 7th November 2017
Mr Speaker, I wish to speak on three issues of national concern. They concern legal education, the exercise of the vote in a democracy, and handling the threat from terrorism.

First, the Malaysian Bar President George Varughese, has submitted its proposal to have a Common Bar Course (CBC) for all law graduates.

In March 2011, the Attorney-General announced the Legal Qualifying Board was considering implementing the CBC.

The CBC would be a 20-month course that would also focus on vocational skills. The CBC model combines the modern legal education approaches in other Commonwealth countries with local requirements.

There will be modules not commonly seen in other courses to meet specific needs among local graduates, such as the Legal Language and Communication Skills, to address the poor command of English and Practice Management Skills to expose lawyers intending to start their own firm to risk management.

Five semesters are envisaged as the duration of the course. The first three require fulltime study, while the final two are part-time where students will be pupils at law firms concurrently.

It will also feature a Student Law Office programme where the “students-at-law” will get to practise what they have learned in a simulated legal environment.

This proposal has its own pros and cons. Currently, the position is that the local grads are exempted from taking CLP (Certificate in Legal Practice) but foreign grads are required to sit for the CLP.

The CBC has long been mooted as a uniform entry point for those who seek to be lawyers.

As mentioned by George Varughese, one of the main reasons for having a CBC for all law graduates is to maintain a high standard for the legal calling.

This are advantages in having CBC, be it for local or foreign grads.

The CBC can be seen as an alternative examination toCLP in that local and foreign grads are required to sit for this course.

By doing this, it invokes a minimum standard for aspiring lawyers. The CBC has long been mooted as a way to standardise the legal profession.

However, the pro-local grads section of the debate on legal education is doubtful as to how the Bar Council can assure that by having a common examination, it will produce lawyers of calibre. They say this is an assumption, not a certainty.

However, this can only be known after the implementation of the CBC and not prior.

Moving on, the next advantage is that CBC will remove the disparities between local and foreign grads.

There are conflicting opinions on the two categories of law graduates. It is said the local grads are of lower quality compared to foreign grads.

Further, that the CLP is necessary to 'Malaysianise' foreign law qualifications.

Local university law graduates read law for 4 years whereas most foreign law graduates study for three years.

Opinion is common among law firms that their reluctance to employ local grads is because the latter are of lower quality.

By letting both local and foreign grads to sit for a commonexamination, it will eventually reduce the disparities between both.

This will also equalise the chances of them getting a position in any law firms as the entry requirements of law graduates joining the legal fraternity will be the same.

From the standpoint of the pro-local grads group, the module of the CBC is seen as having been adapted from some public universities in Malaysia, as one of them is a specially designed module for UiTM’s final year syllabus for the LLB Degree.

As such local universities, like UiTM, have been offering the very same modules that will be introduced by the Malaysian Bar through CBC. Hence there is no need for having another qualification for local law graduates.

This is viewed as as unfair on local graduates who have to to study the same subjects for at least another year.

Thirdly, the benefits upon implementation of CBC will be that the foreign law graduates will no longer be required to sit for CLP.

CLP covers subjects like contracts, tort, land law, probate, bankruptcy, evidence, ethics, civil and criminal procedure.

CLP can be considered as unweildy wherein a significant portion of the syllabus is utterly pointless.

Its cumbersome aspects is very likely the reason why the exam is notoriously difficult.

It is considered a myth that passing CLP is regarded as thebenchmark to be a lawyer of calibre.

By introducing the CBC, there will be a significant reduction to the bulk of CLP syllabus. In addition, the CBC emphasizes the development of the advocacy skill which is not a part of the CLP syllabus.

Though local grads are exempted from CLP, they are required to complete 4 years of study for the law degree.

The argument espoused by the pro-local is that the CBC has not stated what the duration of this course would be.

As mentioned earlier, if CBC is going to take 20 months, then it will be unfair to the local grads to take an additional 20 months of study after completing 4 years of learning just to qualify as a lawyer.

The foreign grads are required to read law only for three years and then take the CBC to be qualified.

Finally, by having CBC, it ultimately limits the number of grads entering the legal fraternity.

It may seem to be bad news to the profession, however, as per the quote of Tan Sri Eusoffe Abdoolcader, private practice is the ultimate arbiter as to who remains in practice, as only the best can survive to meet challenges of the legal profession.

Meanwhile, in the United Kingdom, only about 250 law graduates were produced yearly after passing the Common Bar Course.

However, in Malaysia in comparison, 1,300 local law graduates are produced yearly.

Meanwhile, only 300 foreign graduates enter the profession upon passing CLP.

Limiting the number can produce lawyers according to the expectation of this legal faculty. As summation, it can be said that it is quality instead of quantity that matters the most.

I am sure the CBC will enhance the quality of lawyers in the future.

However, the Malaysian Bar can look into the disadvantages posed by this CBC to the local grads..

On a separate note, the CLP results were announced on the 30th October, 2017.

However, 2 weeks prior to that, and to be exact on 16thOctober, 2017, there was a glitch in the system to announce the CLP results. Some candidates were able to view their results. There were 3 different 'notifications'that was received by the candidates. The notifications were as follows:-

a) Some candidates received notification that they passed the exam and were to wait for the invitation email from LPQB for convocation.

b) Some candidates were able to view the subject tha theyneeds to resit.

c) And some candidates received a notification that registration has yet to open.

However, the 'leak' went viral among CLP candidates within few hours.

Many candidates were puzzled whether to believe the leak or not. Subsequently, the LPQB posted a notification on the 17th stating that the system will be down until 24thOctober, but did mention the leak.

On releasing the results, we learned that the informal notification received on 16th was indeed the truth.

The question that most candidates posed to the LPQB was that as soon as the leak occured, the LPQB could have brought forward the official results' day to avoid troublingthe candidates.

The gap of 2 weeks until the results' day raised anxiety among and resuted in panic to some candidates.

On a more serious note, several candidates were celebrating Deepavali with their families.

The ‘leak’ definitely caused anxiety and spoiled the joy of their festive occasion.

As compared to the CLP, BPTC’s [Bar Professional Training Course] results are usually released on a standardised date.

This will make the system more generalised and candidates able to predict the results' day.

Unlike CLP candidates, they would have to wait for the notifications from LPQB.

LPQB had also failed to send a notification to every candidate's email about when the results would be announced.

Instead, LPQB posted a notification on their website with the expectation that every candidate would be viewing their website on a daily basis.

We hope the LPQB would consider having a standardised results' day instead of changing the dates on yearly basis.

This would avert anxiety and prevent panic among candidates.

Issue No 2 is n the planting of postal voters.

Here the statement by the veterans' association on the issue of the movement of postal votes is significant.

The Election Commission should be the sanctity of the electoral process of this country.

The EC should be independent at all times and act in the intersts of the voters.

By allowing the registration of postal voters in Segamat elsewhere clearly shows the EC is a lame duck.

The appointment of EC commissioners is questionable.

People like Bersih chef Maria Chin should be taken abroad the EC.

The EC seems to be acting in the interests of the government.

More than that it has been manipulated by the Government.

It's failure to ensure automatic registration of voters, to lower the voting age to 18 and to abolish the registration of voters by assistant registrars who are NGO workers and aides to political parties) have crippled the effectiveness of getting unregistered voters to register, 3.6 million of them remain unregistered.

If EC commissioners, s impartial arbiters of the electoral process, cannot carry out their duties, they should resign with honour.

We come to issue of Zakir Naik.

There is a video which has gone viral showing how Zakir has received VVIP treatment in Malaysia.

He has been granted PR status and is said to have applied for citizenship.

He is alleged to be linked to terrorism in India. Interpol may soon issue a red flag on him.

Why, then, is he given special treatment in Malaysia. Is the government willing to cooperate with the Indian government and deport Zakir?

Sources say that if Zakir doesn't return, India could issue a non-bailable warrant against him and get an Interpol red corner notice, which means authorities in Saudi Arabia, where he is believed to be located, would need to hand him over to India.

Investigative agencies in India want to examine cases relating to 50 individuals who were allegedly drawn to violent extremism after listening to Zakir Naik's sermons.

Indian agencies are probing the source of funds received by Zakir's organisations from different countries after the agency raided Naik's residence and premises of firms such as Harmony Media Pvt Ltd, which makes content for the channel, Peace TV, which was Zakir's TV channel.

If all this comes to pass, Malaysia will be put on the spot. PM Najib's standing as a Muslim moderate and his creation of a lobby for global moderation will be in tatters.

Malaysia cannot run with the hare of global moderation and simultaneously to hunt with hounds of Muslim extremism.


Wednesday, October 25, 2017




MEDIA STATEMENT BY M KULASEGARAN MP Ipoh Barat and DAP National Vice Chairman on 25th October 2017

DPM twists and turns on reasons for Octoberfest cancellation

Yesterday, I asked the Deputy Prime Minister and Home Affairs Minister Datuk Seri Dr Zahid Hamidi to furnish details of arrests of Islamic militants alleged by the Police as having threatened to strike at the Octoberfest scheduled for earlier this month but was called off for security reasons.


At first, the DPM did not want to answer, contending that my question which was a supplementary one was unrelated to the original query posed by the BN MP for Paya Besar.


The BN MP had asked about the 7 Abu Sayyaf terror suspects arrested by Police in Sabah recently.


However, the DPM proceeded to answer my question, revealing that Police had arrested 3 suspects in connection with alleged threats to Octoberfest and are expecting to arrest a few more.


The DPM went on to say that Octoberfest is not Malaysian culture which suggested that reasons other than security were behind the cancellation.


For years, Octoberfest has been held in Kuala Lumpur and other cities in Malaysia without any incident caused by revellers or by elements supposedly hostile to the event.


Because the Octoberfest event is held within a controlled space, the argument that security considerations factored in the cancellation indicates that we are now at the mercy of terrorist elements who can force the cancellation of events organised within controlled premises.


This means that Police are hard put to ward off alleged terrorists from inflicting their nefarious designs on events and people in Malaysia.


This year the annual Octoberfest event in Penang was held without any disruption. But in KL and Klang, scheduled events had to be called off because of threats to security, so say the Police.


The DPM, in the course of fielding my supplementary question, said the policy to cancel the Octoberfest was colour-blind. Apparently, this was said to allay non-Muslim frustration at the cancellation.


The DPM's statement is a mess in the sense that one cannot make head or tail of what the government is trying to convey by the cancellation of the KL and Klang stagings of Octoberfest.


All that the public can infer from the confused government stance is that terrorists can dictate what events can be or can't be held and that Police provision of security within a controlled public space cannot be guaranteed.


All in all, this is a pathetic state of affairs. Prime Minister Datuk Seri Najib Razak has assured President Donald Trump during his recent visit to the White House that the Islamic State will not be allowed to gain traction in Malaysia.


But in KL and Klang, alleged members of Daesh, if the DPM is to be believed, have bored holes into the security assurances rendered by Najib to Trump.


Meanwhile, the non-Muslims leaders within the ruling BN coalition, save for some vocal members from the federal coalition's Sarawak chapters, are mute before Umno's supine yielding to the threats, fabricated or otherwise, of Islamic militants.


M.Kula Segaran

Tuesday, October 10, 2017


Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in ipoh High Court on 10th October 2017

Pamelo farmers faces eviction. Will the Government step in to help genuine honest and hard working farmers


DALAM MAHKAMAH TINGGI MALAYA DI IPOHDALAM NEGERI PERAK DARUL RIDZUAN, MALAYSIA


ANTARA

1. KOK SIEW TONG 2. KOK TUCK SENG 3. KOK TUCK MENG 4. LOKE KOK HENG

5. CHAN YIN MENG 6. CHIN FAN CHIN 7. CHAN CHUEN FATT

… PLANTIF-PLAINTIF 1. LEE TOON HIAN DAN

2. PENGARAH TANAH DAN GALIAN, PERAK … DEFENDAN-DEFENDAN


Facts of the case

1. The Plaintiffs are a group of pomelo farmers and have resided at a land known as PT 24482, H.S. (D) 225652, Mukim Sungai Raya, Daerah Kinta (hereinafter referred as “the said land”) either by themselves of their family members for the past 70 years.


2. In 1948, when Emergency was declared to combat the Malayan Communist Party’s activities, the forefathers of the Plaintiffs resided in the said land with the assistance of the Perak State Government who appreciated the assistance of the Plaintiffs’ forefathers combating the Communists.


3. They have diligently harvested pomelos and durians in the said land amongst others. It also still exists on the said land provisional huts erected by the Plaintiffs to aid them in harvesting fruits, especially pomelos.


4. Via assistance and encouragement from the 2nd Defendant, the Plaintiffs and/or their family members have for all material times applied for alienation of the said land to themselves, as this is their only means of income for generations.


5. In fact, the Plaintiffs and/or their families successfully got Temporary Occupational Licenses (“TOL’s”) in the 1980’s. In fact, all through this period, the 2nd Defendant and/or their agents and/or their servants duly assisted and encouraged the Plaintiffs to apply for the said land.


6. The Plaintiffs have invested a substantial amount of monies to maintain, upkeep and improve the farming conditions of the said land.


Today the matter was heard by High Court Judge Yang Arif Datuk Che Mohd. Ruzima Ghazali,. Lawyer Yunus Ali for the land owner Lee toon Hian and 1nd Defendant. Government lawyer Teoh Chin Thong acted for the second Defendant- the Land Office Perak

M.Kula Segaran and Mr.Omar Kutty appeared for the all Plaintiffs.

Today the case was argued in full.

The Government lawyer Teoh said the Government has absolute discretion to give the land to any one which includes the first Defendant Lee Toon Hian. As such the action of the 7 Plaintiffs is wrong.

Lawyer Yunus Ali argued the 7 Pliantiffs are occupying the land without permission from his clients. His Client has legal title over the land and the 7 Plaintiffs out to be thrown out. It was their land earlier as they were mining for tin there.

We said the 7 Plaintiffs applied for the land many years before the land was given by the Government to Lee Toon Hian. Only after the land was given to Lee Toon Hian did they know how they have been mislead. The 7 who are farmers toil the land and it’s the only souce of income for them. If there is Justice these farmers should not be evicted.

Case is now fixed for Decision on 15th November 2017

M.Kula Segaran









Monday, October 9, 2017




Media Statement by M. Kula Segaran MP Ipoh Barat, DAP National Vice Chairman In Ipoh on 9th October, 2017.


PM's concern for Indians belated and expedient, not principled.
Najib's Indian flurry is polls attuned, not people-centred

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The apparent show of concern by Prime Minister Najib Razak on the slumping intake of Indian Malaysians into tertiary institutions smacks of political expediency more than principled concern.

Malaysian from minorities groups, Indians in particular, have been disgruntled over declining admission rates at public universities.

Although these disaffected minorities are part and parcel of the Malaysian population, their growing marginalisation continues without any government measure to counter the trend.

When it concerns university admissions, this relegation of minorities to the periphery in a field considered the indispensable means for upward moblity in society only underscores the steepness of the clmb up the ladder faced by the disadvantaged.

How often have we heard of suitably qualified minority students failing to obtain admission to courses of their choice?

For example, if their choice is medicine and if they have the appropriate grade point average, the student fails to gain admission to a medical seat and is instead given a place to do an unconnected course, causing much frustration to the applicant.

There have been instances when even foreigners have ganed admission to MARA, which is funded by taxpayer money, but deserving students from local minorities are not accommodated.

Will the Prime Minster have the courage to correct this lopsided admission process?

As a consequence, suspicion surrounds the intake of apparently qualified students into universities.

Why hasn't the Government held up the university admission process to public scrutiny?

There is a legitimate concern that underqualified students have been admitted to local universities due to insider connections.

Furthernore, the admissions' interview board should encompass all races and not be restricted to one race only.

Malaysians are intrigued by the statement by Prime Minister Najib that if meritocratic criteria are applied, the intake of Indians into tertiary education will see a sharp drop.

The PM seems intent on conveying the impression that after 8 and 1/2 years in the saddle, he is focused on being the prime facilitator of the economic and social advancement of Indians.


This is intrguing for just before the last general election in 2013, he signed an MoU with HINDRA, setting out in detail how his Government will assist to alleviate the socioeconomic situation of Indians.


That signing was historic. It proposed to help the Indian poor in four areas, namely:-

1) Aid displaced estate workers from low income households

2) Rectify statelessness

3) Increase education opportunities from pre-sschool to university

4)Increase employment and business opportunities

None of these nostrums materialised in the four years that have elapsed since the signing of the MoU.

This led to HINDRAF leaders losing hope in Najib's promises and to their abandonment of BN.

Today they have decided to support Pakatan Harapan instead.

If Najb had been sincere when he signed the MoU with HINDRAF, there would have been no need for him to renew promises to the Indian community. He has broken 'nambikae' with the Indian community.

Indians have wised up the ways of BN who come a-wooing when an election looms. They have waited too long for delivery of promises that were not intended to be kept.


Pakatan Harapan promises nothing more than to let loose a tide in Malaysian affairs that will lift all boats.



Saturday, September 30, 2017












Media statement by M. Kula Segarahn MP Ipoh Barat in the High Court of Ipoh on 29th September 2017


AG should consider to drop charges against YB Thomas Su

Charged in Sessions Court

On 14th October 2016 Ipoh Timur member of parliament Thomas Su Keong Siong was charged again in the Sessions Court in Ipoh with organising an illegal rally, four years ago.

He claimed trial to the charge under Section 9(1) of the Peaceful Assembly Act (PAA) 2012, punishable under Section 9(5) of the same Act, which carries a fine of not more than RM10,000, on conviction.

Su, 50, allegedly failed to submit the 10-day notice as required under the PAA 2012, to the Ipoh District Police chief prior to the rally held on May 9, 2013 at Dewan Wisma Chin Woo in Ipoh at about 7.30pm.

Prior to this On May 27, 2013, Su was charged in the Ipoh Sessions Court with a similar offence.

On May 5, 2014, he applied for the charge against him to be dismissed.

On May 16, 2014, the Ipoh Sessions Court granted him a discharge not amounting to an acquittal.

The Sessions Court in Ipoh had fixed the illegal rally case for Hearing for the 6th October 2017.

Case in Ipoh High Court

Today was fixed for an hearing application wherein we filed a Notice of Motion to set aside/ quash and/or stay the proceedings of YB Thomas Su Keong Siong at the Sessions Court on a charge under Section 9(1) & 9(5) of the Peaceful Assembly Act 2012.

Counsel YB Gobind Singh Deo argued that because there were 2 conflicting decisions in the Court of Appeal i.e. Nik Nazmi and Yuneswaran where in the former it was held that the said provisions are unconstitutional and it the latter it was held that it was constitutional.


Thus YB Thomas Su who was initially charged in 2013 had his case dropped because of then Nik Nazmi’s decision. However after Yuneswaran, he was subsequently charged again.

The reasons we put forward was that Yuneswaran’s decision does not have a retrospective effect and thus YB Thomas Su should not have been re-charged again.

Sessions Court Proceedings are to kept on hold until disposable of the High Court Case

The DPP Pn Nur Qistini requested for time to reply and thus our application for stay on YB Thomas Su’s case in the Sessions Court Ipoh until the final disposal of this application was granted by the High Court Judge YA Dato Che Ruzima. The Court has fixed November 17 for the hearing of this matter.

In view of this I urge the government to withdraw all the charges under the Peaceful Assembly Act.

Lawyers who represented YB Thomas were M. Kula Segaran, Gobind Singh Deo, Michelle Ng, Joanne Chua, Dexter Mah, Suresh & Vemal Arasan. YB Cheong (Bercham) YB Chang Lih Kang( Teja), YB Tan Kar hing(Simpang Pulai) and a host of supporters turned up to show support tot YB Thomas Su
In view of the latest developments I urge the AG to drop the charges against Thomas Su. What he did in 2013 was a political rally and the charges against him are unreasonable and unwarranted.



012-5034346

M.Kula Segaran

Thursday, September 28, 2017




Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in Ipoh on 28th September 2017



Police must be forthcoming on terrorist threat to Better Beer Festival


I would like to congratulate Inspector General of Police Tan Sri Mohamad Fuzi Hassan on being awarded Singapore's top award, the Meritorious Service Medal.

The republic said the award was for reasons of “substantive intelligence exchanges and extensive cooperation in areas of mutual security interest, particularly against the terrorism threat.”

Presumably, these exchanges took place when the IGP was Special Branch head, a post he held before his recent promotion to IGP.

Tan Sri Fuzi Hassan should excuse me if I said that since becoming IGP he has been rather puzzling when it comes to sharing information with the Malaysian public about the terrorism threat.

Needless to say, protection of the Malaysian public against the dangers of criminal and terrorist conduct is of course his paramount duty.

Therefore by saying the cancellation of the Better Bear Festival 2017 by Kuala Lumpur City Hall was motivated by concerns to avert terrorist threats and then leaving the matter at that without substantive explanation is puzzling.

The IGP ought to be more fortright and open with justificaions for the claims made by the police with respect to the refusal of Kuala Lumpur City Hall to allow the festival to go ahead.

Merely saying that threats from religious extremists factored in the cancellation of the event is not enough.

Would future threats to the opening of Parliament or the holding of the annual Merdeka Parade prompt the response of cancellation by the authorities? And that, too, without adequate explanation?

The IGP has to be as substantive as he has apparently been with the Singapore authorities in respect of the terrorist threat.

We understand certain information must necessarily be kept secret. But not when they involve apparent threats to events that are considered normal by the standards of civil society.

The public wants to know if suspects been detained in connection with the threat against Better Bear Festival and are charges being mulled against them?

The public has a right to know as otherwise they will think that the police force is being used to further the agenda of certain political interests of opponents of Better Beer Festival.

The festival was scheduled to have been held in a controlled public space and in that sense it would have been entitled to protection by the police in the normal course of its operations in the interest of public security.

We can think of many events that would be exposed to threats from terrorists if it is said that a beer festival planned to be held in a controlled public space can be refused permission to go ahead on the basis of unsubstantiated threats from religious extremists.

Aren't we here opening up a can of cancellations the end of which we cannot envisage?

I urge the police to be more open and fortright and not content themselves with inexplicable justifications that invite more questions than provide answers.

Threats from terrorists and extremists are no small matter. And combatting them requires public awareness and vigilance which are not helped by an attitude of the police that makes all decisions on public security dependent on assessments that are not subject to public scrutiny and appraisal.

The threat from terrorism cannot be contained within an environment denuded of clarifying information and the cooperation of an aware public.

Thursday, September 14, 2017



Update : S.9(1) Peaceful Assembly Act 2012


Despite no affidavit in reply filed and consent by DPP, the Session Court Judge dismissed the application to refer the case to High Court to decide whether to refer to Federal Court under S.30 of Court of Judicature Act on point of constitutionality of S.9(1) PAA 2012.

Hearing date of this case had been fixed to Wednesday, 20th Sept 2017.

Meanwhile, we will file an appeal against the Session Judge's decision and apply for a stay pending the appeal.








Tuesday, September 5, 2017





An unwarranted attack on Tamil Malar owner and staffs in KL on 5th September 2017
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Alleged gangsters today visited a Tamil news daily office and beat up their staff over a expose made about an MIC leader.

Tamil Malar, had exposed MIC Wilayah state chairman Datuk M. Saravanan for stealing from the rental collection of the state MIC building.

This infuriated the MIC leader who is also Deputy Youth and Sports Minister was at the scene.

Minutes after arriving Saravanan, the gangsters and some MIC CWC members went to Tamil Malar and assaulted the General Manager Saraswathy with punches and slaps.

The gangsters then directed their violence towards the owner of the paper, Oms Thiagarajan.

The chaos left a bloody situation where both the GM, owner and some staff were left bleeding, injured and even suffered some broken teeth.

The incident is a major blow to the credibility of Barisan Nasional, where a woman reporter cum General Manager of a daily newspaper was attacked mercilessly by the politician and his goons.

Drastic and immediate action should be taken for such a heinous attack on a media practitioner and their staff.

I urge National Union of Journalists Malaysia (NUJ) to also bring this up and call for immediate action as this is blatant physical attack due to a media expose.

This also serves as a U-turn to any ground made in the country for press freedom and the protection of media practitioners.

Barisan Nasional should also take action against this leader as he is bringing shame to the party and coalition.

I Met lawyer Saras at the Dang Wagi Police HQ. Mr. Peri the General Manager was then giving a statement to the police.

Mr Oms the owner and well philanthropist was injured and has been rushed to Hospital.


Media Statement by M Kula Segaran MP for Ipoh Barat and DAP National Vice Chairman in Ipoh on 5th September 2017


A PM LICENSED TO DECLARE AS HE PLEASES
If Prime Minister Datuk Seri Najib Razak can declare a public holiday shortly after the courts have declared that he is not a public official, what is the country in for?

It did not take long for the rakyat to find out where and what this anomaly can lead to.

When holding forth at the Transformasi Nasional ( TN50) dialogue session over the long weekend, the PM implored women in the audience to vote BN strongly so that recovery of its two-third majority in Parliament will ensure constitutional changes enabling passage of amendments, known as 88A, to the Law Reform (Marriage and Divorce) Act 1976.

Last November, while shaping to make the promised changes to the Act, the government introduced 88A, which states, "Where a party to a marriage has converted to Islam, the religion of any child of the marriage shall remain as the religion of the parties to the marriage prior to the conversion, except where both parties to the marriage agree to a conversion of the child to Islam, subject always to the wishes of the child where he or she has attained the age of eighteen years."

The above proposal was unveiled in 2009 as a cabinet directive after the controversy flared in the public arena following an estranged husband's conversion of three children, who were minors, to Islam.

This was the infamous Indira Gandhi case where the three minor children of this kindergarten teacher were unilaterally converted to Islam by her estranged husband without her say so.

Four cabinet committees were tasked over the last eight years to see how the cabinet directive of 2009 to prevent this travesty of natural justice from repetition be framed as law.

This task was accompanied by much hemming and hawing until the public were told before the last parliamentary session that the 88A proposal was to materialize in the overall amendments to the 1976 Act.

The omens were not hopeful because of reported opposition by some MPs that 88A constituted a violation of the constitution.

In the event, 88A was withdrawn at the last minute when the 1976 Act came up for second reading in Parliament last month.

The Government held that 88A was unconstitutional as apparently it contravenes Article 12(4) of the Federal Constitution that states "the religion of a person under the age of eighteen years shall be decided by his parent or guardian.”

This stance of government does not hold water for the following reasons:-

1) If it was good law in 2009 why suddenly it became unconstitutional in 2017?

2) The government is buckling to pressure from Islamists and PAS whom Umno wants as an ally in the coming elections

3) Umno wants to leverage the issue to gain support from Malay/Muslim voters

4) From 1957 the interpretation of the word “parent” was ibu dan papa in Bahasa but after 2002 it became “ibu atau bapa”. Clearly the little Napoleons are inserting their own administrative interpretation to the words in the Federal Constitution.

Let us not overlook the authoritative text of the Federal Constitution which in law is the English text.

5) And, in any case, if the 88A were adopted by Parliament, it would be overrid any administrative orders as were decisions of civil courts, including the ones from the Federal Court, as earlier demonstrated in the sorry saga of the case of the children of Indira Gandhi.

By withdrawing 88A, the BN government ignored the rights of minorities and allowed these to be superceded by the majority.

Finally, we in the DAP, as the responsible opposition in Parliament, could have been approached by the government to support what would have been a superfluous constitutional amendment, in the event such an amendment were deemed to be necessary.

To overcome their lack of two-third majority in Parliament, the BN could have had the support of us in the DAP, ever eager supporters of 88A.

Why the DAP, which has 36 parliamentary seats, were not consulted to garner this support?

We were more than eager to see 88A to go through the legislative process and would have been steadfast in supporting it unconditionally.

PM Najib should not pull wool over people's eyes.

We know anomalies abound under Umno-BN governance but when accompanied by absurdities such as them wanting a two-third majority to legislate what they promised to enact but then absconded from lack of political will, the people must draw the line against duplicity that takes them to be stupid.


M.Kula

Wednesday, August 30, 2017





Media Statement by M. Kula Segaran MP Ipoh Barat, and DAP National Vice Chairman in Ipoh on 30th Aug, 2017.

Independent investigation required on the death in custody of Baskar Rao
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I just attended the final rights of Baskar Rao, 47 years old who had allegedly set himself on fire while he was detained with handcuffs while he was at the Jelapang police station.

I spoke briefly with the family members. The deceased’s wife, Thanaletchemy 45years and his 2 children were at the crematorium alongside the deceased’s mother who wept uncontrollably not knowing how her loving son was burnt to death whilst under the custody, care and control of the police.

Since he was in the hospital bed for the last 9 days he was literally fighting for his life. He died yesterday at 4.10pm. Now with his departure we need true and honest answers. As the police is the principle party who are supposed to enlighten the family on how this supposed immolation took place. As the police are interested in the outcome of this investigation, we cannot rule out biasness if the investigation is left solely to them. I would suggest the Enforcement Agency Integrity Commission and/or SUHAKAM take over the investigations to find out how this incident happened that resulted in the death of Baskar Rao in his prime age.







Who will now provide for the children and the family?. Generally, when there are serious allegations against the police the police would love to and do make it public that the criminal or in the deceased case he was involved in many previous crimes.

For examble SAC Gan while commenting on this matter said “The man had a parang on his motorcycle. He also has a criminal record with 13 cases, including drug related case. Why and for what purpose SAC Gan had to inform the world at large of the previous cases? Are this done to shore up the image of the police or to justify what the police had or had not done?.

I think the action of divulging the previous criminal activates of the deceased makes the police to look good in what they have done. Further, this act is unbecoming of a professional body and stating the facts of any criminal background is clearly to let the case be tried and decided by the media.

How and what opportunity has the deceased to defend the allegation by SAC Gan?. I urge the police to act in a civilized manner and be caring to all including criminals. Nobody is above the law and that includes the police.

Can the police confirm if the CCTV was working at the time of the incident and has any police officers been suspended from work due to this incident? This confirmation would be better than for SAC Gan to speak about the criminal records of the deceased.

As death by fire whilst being handcuffed by the police in a police station, will the Coroner be asked to determine the cause of death? Be rest assured we would make sure justice is served without fear or favour in the case

Our team of lawyers from the DAP, V.Vemal Arasan, N.Selvam and I will provide the necessary legal assistance.

Tuesday, August 29, 2017



Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman, Thomas Su MP Ipoh Timur and Cheong Chee Khing ADUN Bercham in Ipoh on 29th August 2017

Election commission frustrates scrutiny of its actions

Introduction

The Election Commission (SPR) has the sole authority under the Federal Constitution to register new voters. Thus the SPR plays an important role to ensure only citizens are registered as voters. Registration of voters is done on a quarterly basis namely the last been done in the months of April, May and June. After this due registration exercise the SPR than puts up voters list at strategic places in Parliamentary constituencies for any one to file objections if the new voter is not residing in the area he has registered for. Unfortunately such process has been made difficult because the EC has weakened the process of stakeholder empowerment to question its actions by creating obstacles that goes against the common interest of voters.

New voters address incomplete

In Ipoh Barat new voters and transferring of voters have applied to be registered as voters. Although we welcome the voters we find the address of this voters misleading and confusing. The SPR has given the house number and the Gardens (Taman) where the new voters are residing. Unfortunately in almost all Taman’s the process to locate and confirm the new registered voters is time consuming and tedious and most of the time impossible. For example we took a symbolic objection to a new voter registered at a place known as no 63 Kg. Kacang Puteh, Buntong. As the road name was not given in the data made available we could not locate this house no 63. In fact in our search at Kg.Kacang Puteh, there were another 2 houses with the same address 63 at Kg,Kacang Puteh, Buntong. The question is why has SPR refuse to provide the road names? Are there hidden agendas that make objections/verifications impossible? The SPR seems to act in an unacceptable manner which is against reason and common sense. It creates more suspicion on the presence of hidden hands out to frustrate the transparent process of voters registration and verification exercise.

In Ipoh Timur, we have faced the similar problem eg. Lokaliti No. 0642610001 – Kg Sri Kinta, as the road name or details of the address are not provided in the Voters List published, it is almost impossible task to locate house merely identified as “No. 11”. We took a symbolic objection to a new voter registered at this address instead of four (4) new voters applied to be voters at this address, the costs involved is a hindrance and our reluctance to file a comprehensive objections with the SPR . In fact, there are many other new voters where we are unable to locate them as there many same house number registered in the same locality or Taman. SPR should display a more transparent and detailed address of New Voter for proper and due verification purpose.

Softcopy have been refused

The SPR at every quarter of new voters registered will extend a soft copy of the applicants name, address and constituency to political parties. Softcopy Rang Daftar Pemilih Tambahan(RPDT) – Previously the draft supplementary roll was provided to political parties, for them to analyze and detect irregularities for objection. From 2017 onwards, the Election Commission has decided to no longer provide softcopy of the supplementary electoral roll. No reason was given, except that they have no obligations to do so. This is a problem because without the softcopy, it is physically impossible to inspect the draft rolls effectively because they are voluminous and displayed in different areas. Voters have perceived the act of not providing soft copies has prevented stakeholders like political parties to play a legitimate and effective role of check and balance on the SPR.

Refusal to use the Website

Currently every quarterly voter can be found if one makes an effort to go to certain named places to check it. This process is difficult and cumbersome. Many of the voters have little time to physically be present due to work and family commitments. Instead the SPR should upload all this names of new voters and movement of voters onto the website for the public to know and provide feedback. Why has the election commission refuse to use such common technology that would serve the interest of voters?

Conclusion









The inadequacies mentioned above have one thing in common, i.e. they are done in marginal constituencies in a deliberate and coordinated manner in attempt to sway electoral results. The Election Commission has not been honest and transparent in coming up with concrete solutions on proper voter registration that would protect the interest of voters, although they are empowered to do so under several provisions in the Elections (Registration of Electors) Regulations 2002.

The objection process and information is key to preventing illegal transfer of voters. The SPR must be people friendly and allow all stakeholders to have a say in the registration of voters. SPR is a public body and it is mandated to serve the common good of stake holders. The difficult process made to find out where the new voters are residing itself shows the SPR is acting against the interest of its main stakeholder who are the voters. The only way to command public confidence is for the SPR to illuminate the Malaysian public on how it registers and verifies new voters, and how do stakeholders identify them. Unless this is done the public will continue to doubt on its integrity

Thursday, August 24, 2017




Media  statement by M.Kula Segaran MP Ipoh Barat and DAP Vice Chairman in Ipoh on 24th August 2017

Passing of Haji Thasleem

These are lean times for the cause of a plural Malaysia.

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Barely have we recovered from the stab of loss felt over the passing of Kerk Kim Hock the retired SG of the DAP than we discover that another stalwart Malaysian, Haji Thasleem Ibrahim, has passed from this life.

Thasleem left us at 10 pm on 23rd of August, 2017, at the relatively young age of 66. I mourn the loss of a good friend, a splendid citizen and a highly community-minded person.

I went out to see him at the hospital at 5:30 in the evening. I spoke to his wife while she kept watch by his bedside. The ward where Thasleem was admitted was crowded with people of all works of life to show their sympathies to the man.

I have known Thasleem for three decades. During that time I was fortunate to learn about aspects of his early life when his parents left for India, and he was brought up by a Hindu family.

Despite living with a Hindu family, his faith as a Muslim was never compromised.

Thasleem's life and the causes for which he fought reflect the reality that most people born into a faith do properly stand by it but their eyes survey the surrounding world.

They become what we call plural personalities, ones who discover that learning comes by way of a certain humility, a hesistance to judge others too quickly, and even a generous watchfulness for possible errors in one's own perspectives.

Thasleem's personality and life reflected these strengths, even as these were perceived as weaknesses by others. He was undeterred by the narrow perceptions.

For him, religion was blind to differences of race and language. Thasleem was a Tamil who reveled in the language and the customs of this ethnic group.

He was a staunch Muslim. I attended many of his Hari Raya celebrations where in all the functions he provided financial help to the downtrodden and marginalised who delighted in being hosted by a charitable man.

He was a rich man and generous in assisting the needy, especially students who required help to complete their education.

Thasleem willlong be remembered for what he did in 2011 when the Ministry of Education introduced a book called Interlok by the novelist Abdullah Hussain as a literature syllabus.

Readers found derogatory terms and references in the book to Indians and Chinese. Thasleem got involved in the process to demolish the Ministry of Education’s argument that the novel inculcates good among students.

Thasleem pronounced the book as haram under the Islamic religion. After months of debate, the Ministry of Education eventually withdrew the book.

Many feel that had it not been for Thasleem's exertions, we would not have succeeded in having the book removed from the curriculum.

About two weeks ago, he telephoned me to express his dismay at the government’s failure to enact laws to prevent unilateral conversion of minors by estranged and divorced spouses.

Thasleem was very involved in the Indira Gandhi unilateral conversion of minors issue from 2009 until the end of his life yesterday. He felt unilateral conversion of minors was contrary to his faith and he spoke against it bravely and often.

We have lost a man who courageously stood by principles although it affected his position in society.

The people of Malaysia have lost a good man. He will be remembered for his contributions to the necessity of building a plural Malaysia for many years to come.


Tuesday, August 8, 2017



Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in Seremban Court complex on 8th August 2017




Speedy and hurried disposal of cases itself will not serve the end of justice-Justice hurried is justice buried!!
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Teacher Subbarau charged under official Secrets Act (OSA) was ordered by the Court of Appeal to enter his defence on 29.05.2017.

Subbarau was charged for 5 offences under the OSA in 2014. he was acquitted by the Sessions Court in 2015 and this decision was agreed to by the High Court Seremban in 2016. If convicted for each offence Subrrow can be sentenced to a maximum jail term of years thus for 5 charges it can accumulate to 35 years in total!!

Last Wednesday the COA gave the majority written grounds but the dissenting grounds are not out as yet. Thus yesterday an application was filed in the COA to Review the said decision which in normal cases will be heard by 5 COA Judges.

Today we made an application in Seremban Sessions Court for adjournment until the COA disposes of the "Review"

To our utter surprise the DPP objected to our application on the following grounds:


The decision by the COA is not final as the accused still has two avenues to appeal if found guilty.
This application was not done immediately with the COA on 29.05.2017.
That 'justice' for the prosecution must be done.


We replied and said the following issues overtakes the objections by the DPP.

We said inter alia:
We can humanly only make the application yesterday as the grounds of decision was given only 5 days back and adjournment sought was in the interest of justice. Also we have asked for stay of this Sessions Court hearing in the COA review application.
Our application is neither vexatious or frivolous
That in the interest of Justice this case ought to be adjourned as otherwise it would prejudice the accused.
It was difficult if not impossible for us to foresee what the grounds of judgment would be to prepare the Review application before the grounds of judgment were given.

After a lengthy hearing of parties for more then 1 hour the Judge allowed our application and fixed it for continued hearing for October 6th and 13 th

We see no urgency in this trial as the review application out to take its course and president . If otherwise due and fair justice would not be done to the accused . We are puzzled as to the hurried manner the prosecution wants to proceed with the trial. It has to be noted there are 4 more teachers who have been charged under OSA where cases are pending at different levels in the courts. The DPP must only prosecute in the interest of justice and not merely to convict!! Let's not forget in criminal cases the paramount importance is justice and fair play and not forgetting the great saying by William Blackstone who stated "It is better that 10 guilty men escape than one innocent suffer."


ADUN Senawang YB Gunasegaran was in court too.

Parties who appeared for the accused are M. Kula Segaran,Miss Nicole Tan, and Vemal Arasan(pdk)

The Senior DPP's were Tuan Ahmad Thairuddin and Tuan Wan Shaharuddin

This case was presided by Sessions Court Judge Tuan Ramesh.

M.Kula

0125034346

Sent from my iPad











Monday, August 7, 2017

Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in Parliament media centre KL.


The sudden withdrawal of the LRA shows non commitment to elevate peoples concern!
It comes as a shock that the bill on Law Reform Marriage Act (LRA) Amendment which was introduced for 1st reading last year has now been withdrawn without the Government giving any valid reasons by the De facto Law Minister Azalina today.

This move is most surprising as all and sundry expected the bill to be passed in this sitting.

It all started in 2007 when a Hindu, one Pathmanathan then married to Indira Gandhi converted to Islam. In the process he had also converted his 3 under aged children to Islam. The conversion was without consent, presence and or approval of the children or Indira.

I immediately raised the matter in Parliament and the then De facto Law Minister DS Nazri said the cabinet has issued a directive that when a parent converts to another religion the religion of the child shall remained unchanged and status quo shall remain until the child attains the age of majority.

In 2007 the Cabinet formed a "Conversion" Committee to ascertain how best the controversial conversions can be handled and appropriate legalisation be so done to address the perineal, controversial and difficult issue. Nothing was concluded by this committee and later three other similar committees were formed but there was still no permanent suggested solutions

The issue was dragged on with no conclusion and finally the bill on LRA was tabled last year.

Our allegations that the Government of the day failed to have the political will was demolished with the introduction of the amendments. But it looks like we are not wrong in this allegation we have made earlier.

I urge the Government to give a proper and full explanation as to why the bill was hastily withdrawn. Did the Cabinet unanimously agree to this? And is this permanent or a watered down bill will be tabled?

Saturday, August 5, 2017
























Media Statement by M.Kula Segaran MP Ipoh Barat and Cheong Chee Khing ADUN Bercham in ipoh on 5th August 2017


The importance rebuilding Pari Towers as a social obligation to poor.


The DAP has been receiving frequent complains about inadequate housing for the poor in Ipoh. We were invited to have look at SG.Pari Towers the "eye sore" of Ipoh led by former tenant Mr. Mani and others. Mani 65 was a resident tenant for over 20years and when the flats become inhabitable he and many others moved out.

With DAP ADUN YB Cheong,Albert,Ronald,Segaran,Vasu,Ong Jermidah, Cherry and I visited the area today.

The over 200 flats have been abandoned and undergrowths and bushes can be found in the flats. Why these flats have been abandoned when it can serve useful purpose for the poor is mind boggling.

The irresponsible neglect of an iconic building

Social Housing in Ipoh is in a dire state due to inefficient central authority, diminishing role of local councils, and dependency of private sector for housing needs. This is evident when one comprehends the state of an iconic building called Sungai Pari Towers in Ipoh which has great history in housing the poor. Sungai Pari Towers is situated at a highly valued location along Jalan Gurdial Singh Gill and on the bank of Sungai Pari, just a stone’s throw away from the iconic Ipoh railway station. Yet, there is no plan to redevelop the site. Former Ipoh mayor, Datuk Roshidi Hashim, was quoted in 2012 as saying that the Perak state executive council had given the green light to redevelop the Sungai Pari Towers “in a way that the current tenants would not need to be relocated.”Residents there had found it very convenient, as the central bus station, railway station and market are all close-by. They did not want to move out until the situation became unbearable as the city council stopped maintaining the buildings and the surroundings. In fact, there are still some people living in the low-rise units. The Sungai Pari Towers was completed in 1962, during the glorious days of the then Ipoh Municipal Council, which was under the control of the popular People’s Progressive Party. It had stood as the tallest building and a “showpiece” of the success of the public housing projects in the city.

Centralized delays and inefficiency

In a recent reply to YB Encik Cheong Chee Kin concerning Sungai pari towers the Menteri Besar of Perak has stated the MBI had applied for financial allocation for public housing from the Jabatan Perumahan Negara under 11th Malaysian plan in a letter dated 7th March 2014, and the JPN responded in letter dated 16th May 2016 that the PPR Sungai Pari Ipoh is one of the new project under JPN in line with 11th Malaysian plan but would depend on the approval of the economic planning unit under the budget 2017. It is a puzzling that it took two years for JPN to respond. This is how a centralized housing system could be inimical to well being of the poor who are dependable on social housing. The question is why has Pari Tower is seen as a new project when the building could be redone without destroying its foundation? Is there economic motive by the authorities to collaborate with well connected developers to destroy the current structure of the building and create new housing projects, since Pari Towers is in a strategic location?

Sg.Pari towers needs to be rehabilited

When we in Government in Perak in 2008 at one of the local council meetings we were told the building is still very much in tact, the foundation is solid and can last for over 100 years more. I am now surprised that the answer given by the State Assembly to YB Chong states the Sg. Pari Towers would be torn down and a new building would be built instead. Why is there a necessity to demolish the Towers if it can last for another 100 years. In fact the committee at the local council where I was a member even did a structural study and found the Towers was fit for a further 100 years. But what has happened was the proper maintenance and upkeep of the Towers slaked and thus the Towers was left to rod. As a consequence over 200 hundred of the lower income group lost the opportunity to rent and live in the Towers.

Ecosystem of social housing and economic empowerment
Besides reviving the structure of Pari Towers it also vital to enhance the social economic well being of its residence through income subsidies, training on job skills and adequate public transport. Merely building homes without a proper ecosystem to empower the poor would create ghettoes that would be hideouts for crime. It would be unwise if the so-called 11th Malaysian plan for Pari towers is given to developer or private entities that might not have interest of the poor citizens at heart. Developers or Private Management who sole motive is profit would only be interested in collecting rents while paying scant attention to the overall social- economic well being of the poor.

The empowerment of Local Government

To ensure there is no unethical collaboration between the state government and developers it is vital that the local government is empowered to facilitate the project of rebuilding Pari Towers without destroying its foundation. The local government who is far more aware of the realities within its vicinity is the rational authority to undertake the project of rebuilding Sungai Pari Towers. This would require decentralization of housing projects, and adequate financial allocation to local government. The rebuilding of Pari Towers is a importance social obligation to the poor.



Wednesday, August 2, 2017



Press Statement by M Kula Segaran, DAP National Vice Chairman and MP for
Ipoh Barat in Ipoh on 2st August 2017



Home Minister’s allegation about Tun Mahathir’s lineage is sign of Umno’s political desperation

It was most shocking that the Deputy Prime Minister cum Home Minister Datuk Seri
Zahid Hamidi has accused the longest serving Umno president and Prime
Minister Tun Mahathir who had struggled the Malay agenda was actually using the Malays.

He has alleged that Mahathir’s original identity card stated his name as Mahathir a/l Iskandar Kutty.
Zahid’s comments are baffling because in terms of logic, how could one who had struggled the Malay agenda be accused of using the Malays?

By revealing details of a person’s identity card, Zahid has violated the data protection act and he should be investigated by the police.

Since there have been police reports lodged against Zahid, the police should immediately investigate Zahid. As the Home Minister is the political superior of the Police, to facilitate investigation, Zahid should take temporary leave as Home Minister.

It has to be noted that Mahathir’s daughter has refuted Zahid’s allegation .She said that Mahathir’s name should be Mahathir bin Mohamad because her grandfather’s name was Mohamad Iskandar.

The only reason why the Deputy Prime Minister would go the extent of playing such dirty tactic against Mahathir is obviously that Umno is getting desperate due to the ability of Mahathir in spreading Pakatan Harapan’s political message to the Malays, including traditional Umno supporters.

Umno leaders will not want to public admit it but the truth is that Mahathir and his party have been able to garner Malay support for the opposition.

There are very clear signs that there will be a Malay tsunami in the next general election. And when the tsunami peaks at the general election, Umno and BN will just fall.

In order to frighten the Malays, Umno leaders have been using the publicity strategy of Chinese versus Malays in its attacks against the DAP. Malays have been warned to be fearful of DAP.

It is now clear that Umno, by alleging Mahathir’s supposed lineage, is also embarking on a racist approach in its continued attacks against Mahathir.

What Umno cannot see is that the voters including the traditional Umno supports are now more politically aware and informed. They can see how the Malays not only have not suffered but have been fairly treated even though opposition have formed the state governments in Selangor and Penang since 2008.

The racist approach used to attack Mahathir will not work and can even back fire as young Malaysians especially reject racial politics.

It is clear and simple that there is a racist element in Zahid’s allegation.

For months, UMNO has used the racist approach against the DAP
They have claimed that DAP is a Chinese party that will control the opposition
.Malays have been told to be fearful of DAP.

Now with Zahid using Mahathir’s lineage to attack him, the public should be surprised
that Umno has decided to adopt the racist approach against Mahathir after all its attacks
have not been effective.

Why has Umno become so desperate that it can adopt such low and irresponsible tactic against
its former president and the nation’s prime minister.



M.Kula Segaran

Thursday, July 27, 2017



                                                                                                                     SOALAN NO. 57

PEMBERITAHUAN PERTANYAAN DEWAN RAKYAT

PERTANYAAN : LISAN

DARIPADA       : YANG BERHORMAT TUAN M. KULASEGARAN

                              
[IPOH BARAT]

TARIKH            : 24 JULAI 2017

SOALAN :



YB Tuan M. Kulasegaran [Ipoh Barat] minta PERDANA MENTERI

menyatakan:-

(a) memberikan perkembangan terkini, mengenai menghapuskan hukuman

mati dan moratorium bagi hukuman mati; dan

(b) berapakah jumlah banduan yang masih menunggu pelaksanaan

hukuman mati di penjara dan moratorium bagi hukuman mati.



JAWAPAN:        YB DATO’ SRI AZALINA BINTI OTHMAN SAID,

                             MENTERI DI JABATAN PERDANA MENTERI.


Tuan Yang di-Pertua,

Untuk makluman Ahli Yang Berhormat, Kerajaan melalui Jabatan Peguam

Negara telah menjalankan satu kajian bagi meneliti isu undang-undang dan

dasar hukuman mati dalam negara kita. Kajian tersebut telah dijalankan

melalui International Centre for Law and Legal Studies (I-CeLLS) oleh

Jabatan Peguam Negara dengan kerjasama pakar-pakar antarabangsa

dalam bidang ini. Laporan kajian tersebut telah dibentangkan dalam

Mesyuarat Jemaah Menteri.



Jemaah Menteri seterusnya memutuskan supaya Akta Dadah Berbahaya

1952 dikaji semula khususnya bagi memberi ruang budi bicara kepada

Hakim dalam menjatuhkan hukuman dengan menetapkan hukuman yang

bersesuaian khususnya ke atas kes-kes di mana pesalah sebenarnya lebih

wajar hanya dihukum penjara, tetapi mungkin peruntukan yang sedia ada

Hakim tiada pilihan selain menjatuhkan hukuman mati. Hasil kajian

tersebut telah dibentangkan dalam Mesyuarat Jemaah Menteri pada 1 Mac

2017 di mana Jemaah Menteri telah bersetuju dan memutuskan bahawa

pindaan dibuat kepada seksyen 39B, Akta Dadah Berbahaya 1952 dengan

memasukkan peruntukan tambahan bagi memberi kuasa budi bicara

kepada mahkamah menjatuhkan hukuman selain daripada hukuman mati

mandatori dalam keadaan-keadaan tertentu yang ditetapkan bagi

kesalahan mengedar dadah di bawah seksyen 39B akta berkenaan.

Justeru itu, Kementerian serta agensi yang berkaitan seterusnya akan

menyediakan Memorandum Jemaah Menteri yang baru bersama-sama

dengan cadangan pindaan kepada Akta Dadah Berbahaya 1952 untuk

pertimbangan dan kelulusan Jemaah Menteri.



Untuk makluman Ahli Yang Berhormat juga, satu Jawatankuasa Khas

berkaitan hukuman mati juga telah ditubuhkan pada 5 September 2016

yang dianggotai oleh wakil-wakil dari SUHAKAM, Amnesty International,

Majlis Peguam Malaysia, ahli akademik, Jabatan Peguam Negara,

Kementerian Dalam Negeri dan juga Majlis Keselamatan Negara. Pelbagai

isu berkaitan hukuman mati juga telah dibincangkan dalam Jawatankuasa

Khas sebagai proses konsultasi dengan semua pihak-pihak yang

berkepentingan.



Untuk makluman Ahli Yang Berhormat, terdapat 1,174 orang banduan

yang telah dijatuhi hukuman mati yang masih dalam proses rayuan di

Mahkamah Rayuan, Mahkamah Persekutuan dan Lembaga Pengampunan

Negeri.


Sekian, terima kasih

Wednesday, July 12, 2017


Press Statement by M Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on 12th July, 2017
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MIB: The Indian Community shall not forget that the BN government is capable of announcing plans which it cannot or does not have the real will and commitment to fulfil
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Yesterday at the launching of the " 200 Years of Tamil Education in Malaysia" book at Dengkil , the Prime Minister Datuk Seri Najib said the Malaysian Indian Blue Print ( MIB) is not a pie in the sky plan but a realistic blue print for the well being of the Indian community.

However, the MIB looks more an election gimmick as it was launched so close to the next general election. In 2013 the Prime Minister had signed a MoU with Hindraf. But It did not take off as promised. This clearly shows the Prime Minister was able to announce empty rhetoric promises which his government would not be able to fulfill. Therefore on the issue of MIB, The Indian Community shall not forget that the BN government is capable of announcing plans which it cannot or does not have the real wil and commitment to fulfil.

It is undeniable that the next general election is going to be very challenging for UMNO and BN. There is a possibility that BN which has ruled the nation for decades will lose federal power as there are signs that a Malay tsunami is going to happen.

The MIB is therefore a gimmick for the BN to try to win some Indian support for BN. There is no doubt that with UMNO being rocked by Malay tsunami, BN will be desperate to try to win the Indian support.

Indians voters will play a deciding votes in Parliamentary constituencies. About 60 Parliamentary seats have over 10% as registered voters. In view of the fragile position of the BN now every vote counts more so the seats where MIC is contesting. Thus the MIBP is to butter and to sway the Indians to vote for the BN.

I have said many times that the Indians citizens are the most left out in the progress of the nation. The government promised to achieve 3% equity participation by 2010. When year 2010 came the goalpost/target date was conveniently postponed . Why the shear lack of commitment to achieve this?

In 1970, there were over 17% Indians in the civil service. Now there are less than 5% Indians in the service. The GLCs are dominated by the Malays while the Chinese are strongly represented in the private sector. Indians inhabit the margins of both the civil and private sectors.

These undeniable facts that help explain the accumulation by the race of some unflattering superlatives such as that Indians compose the highest percentage of gangsters, highest incidence of alcoholism, and most number of suicides.

To effectively assist the Indians, unless all issue affecting the community is unearthed and ascertain the short comings with the Indian society nothing much can be achieved. So far the plans and policies are ad hoc an an eyewash justto shore up support from the Indian Community!!
Thus what should have been done is to form a Parliamentary Select committee which could be assigned to look to the real issues affecting the Indian community and thereafter addressing those issue holistically. Why was the Government reluctant to have a Parliamentary Select Committee ?




M.Kula Segaran
012 5034346