The excessive use of police force with the firing of tear gas and water cannons against the Hindraf gathering in Kuala Lumpur this morning to present a memorandum to the British High Commission is most high-handed, ham-fisted, undemocratic and a grave disservice not ony to the Malaysian Indian community but to Malaysia’s international reputation in wanting to be a first-world developed nation.
If the Prime Minister, Datuk Seri Abdullah Ahmad Badawi had “walked the talk” of creating a Malaysia with “First World Infrastructure, First World Mentality”, today’s disgraceful display of excessive police force would not have happened.
Peaceful demonstrations and marches are common and accepted occurrences in First World developed nations which Malaysia aspires to become. As has been rightly pointed out recently, in Britain, Australia and other modern countries, when people wish to demonstrate, the police typically clear the way and make sure no one gets hurt. The streets belong to the people. And the police, like the politicians, are their servants. It is not the other way around as in Malaysia where the first reflex of the police and the government to any peaceful demonstration is to impose a ban and to fire tear gas and water cannons to deny Malaysians the fundamental right to a voice in national affairs.
During the world-wide anti-Iraq war demonstrations in late 2002, the Malaysian government had applauded mammoth peaceful demonstrations in the Western capitals, whether in London, Paris, Rome or Washington where crowds ranging from hundreds of thousands and even millions came out to peacefully voice their anti-war aspirations.
If the Police had issued a permit to Hindraf for their gathering to submit a memorandum to the British High Commission this morning, the whole incident would have ended in a peaceful, orderly and swift manner, which will not only be a credit to the police but to the nation’s international reputation as well.
This is a case where the Police has failed to make the important distinction between their role from that of their political masters in the Barisan Nasional.
The Barisan Nasional parties and leaders feel threatened by the Hindraf initiative, for it is a reflection of their failures in the past 50 years to accord justice, fair play and equality to the Malaysian Indians who have become the new underclass in the country as a result of relentless marginalization of their citizenship rights.
The Barisan Nasional parties and leaders have reason to feel threatened, but not the police, for the Hindraf peaceful gathering to the British High Commission was not a challenge to the Police and never posed a threat to peace and security.
The Police must demonstrate a “First World Mentality” of respecting peaceful marches and demonstrations as a norm for citizens of a would-be first-world nation to exercise their fundamental democratic rights.
They should be mindful of the Rukunegara objective to maintain a democratic way of life in Malaysia and abandon the “Third-World Mentality” of suppressing peaceful expression of legitimate opinion by the citizenry with tear gas, water cannons and excessive police force and instead transform themselves into allies for democracy by respecting the fundamental rights of Malaysians to peaceful marches and demonstrations while safeguarding law, order and security.

#1 by undergrad2 on Monday, 26 November 2007 - 9:20 pm
“There was no body contact at all. We made quite a number of arrests there (in the city) as well. â€Â
How do you arrest someone without body contact??
#2 by undergrad2 on Monday, 26 November 2007 - 9:42 pm
“Hello IGP, if you had issued a permit, the whole thing would have been over in 1 hour. No bruises. No battery. No assault. No tear gas. No chemicals.”
I guess you can trust the police not to to see further than their noses. Had they allowed matters to take their own course, there wouldn’t be images of Malaysian Indians being pummelled by tear gas cannisters, showered with chemical-laced water flashing across TV screens round the world.
Demonstrators do what demonstrators do i.e. they demonstrate because they want to be seen and heard. Now we have images of demonstrators demonstrating because they are not allowed to be seen and heard. The significance of the memorandum addressed to the Queen of England has been all but totally forgotten.
The police are playing right into the hands of anarchists among the demonstrators.
#3 by lakshy on Monday, 26 November 2007 - 9:46 pm
They let the three Hindraf lawyers go. Discharge not amounting to an acquittal. Mission accomplished. They just did not want them present at Ampang on Sunday. So the police conspired to keep them away. And today, release them docilely but with a caveat….not an acquittal yet.
Wasn’t that abuse of process?
And can someone tell me if a Magistrate’s court can charge someone for sedition? Wouldn’t that have to be heard in a Higher Court? I would expect sedition to be a major charge
#4 by wtf2 on Monday, 26 November 2007 - 10:12 pm
there is a more blatant abuse of process ongoing in the mongolian murder trial
do not forget how she died and the murderers involved
#5 by undergrad2 on Monday, 26 November 2007 - 11:14 pm
“They let the three Hindraf lawyers go. Discharge not amounting to an acquittal. Mission accomplished. They just did not want them present at Ampang on Sunday. So the police conspired to keep them away. And today, release them docilely but with a caveat….not an acquittal yet. Wasn’t that abuse of process?” lakshy
This is when we need the expertise of the blog’s legal analyst, Jeffrey QC. But sadly he’s gone – run out of the blog by an ‘impostor’ and a ‘fraud’.
I don’t really know what happened to the lawyers. Weren’t they arrested and then released on police bail? The CPC requires that the person arrested be brought to face the magistrate within 24 hours or is it 48 hours, and then be informed of the reason for his arrest, and asked to plead and then bail is offered – or not offered.
If upon commencement of PI the court finds there is insufficient evidence, and that having regard to the evidence there is no reason to hold the accused further, the accused is sometimes given a discharge “not amounting to an acquittal”. That way they avoid infringing the rule against double jeopardy.
There is no abuse. The police has not properly investigated the case and the prosecutor acted prematurely. Evidence against the accused fails to rise to the level required i.e. to meet the standard of prima facie case required before it could proceed to trial.
However, sometimes the accused is re-arrested as he walks out of court upon discharge not amounting to an acquittal. It gives the appearance of abuse of process – but technically there is nothing wrong for the police so to do.
#6 by undergrad2 on Monday, 26 November 2007 - 11:22 pm
“They just did not want them present at Ampang on Sunday.” lakshy
You’re talking arbitrary detention here. To arrest you the police would need ‘reasonable cause’. The magistrate is prosecution oriented and interprets ‘reasonable cause’ in a manner favourable to law enforcement agents.
#7 by HJ Angus on Tuesday, 27 November 2007 - 6:28 am
““There was no body contact at all. We made quite a number of arrests there (in the city) as well. â€Â
How do you arrest someone without body contact??”
T-A-Z-E-R
Already 3 Canadians have been killed with this device.
Don’t be surprised in the police don’t start using this here.
#8 by Colonel on Tuesday, 27 November 2007 - 9:40 am
“Don’t taze me bro” means don’t arrest me??
#9 by Godfather on Tuesday, 27 November 2007 - 8:33 pm
Guys, FakeWorld is here to disrupt and to divert people’s attention. He has been sent here by his UMNO masters to do a job. Just ignore his “cut-and-paste” comments, and soon he will disappear, perhaps to return later when his UMNO masters tell him to.
#10 by sarai on Tuesday, 27 November 2007 - 9:01 pm
To all the Indians of Malaysia, never ever forget what happened that Sunday. Do not be hoodwinked into voting for the Barisan in the next election. Please register as a voter if you have never voted. I plead with all the young generation who have reached 21 years. This is the only time you can exercise your right to vote. Vote these goons out!