Marimuthu Periasamy files habeas corpus writ for release of wife and six children


Marimuthu Periasamy files habeas corpus writ for release of wife and six children

Rubber tapper Marimuthu Periasamy, 43, has today filed habeas corpus writ for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department for the past 17 days.

Periasamy, who filed the action through DAP National Chairman Karpal Singh as counsel, is seeking to be reunited with his wife and six children who were forcibly separated from him on 2nd April 2007 on the ground that they were Muslims.

Periasamy has filed a supporting affidavit stating that he and his wife were at all material times of the Indian race and they practiced and professed the Hindu religion. They brought up their chileren in the Hindu religion and beliefs.

Their children were given Indian names and they had lived in peace without interruption even though they earn a modest living.

Things changed in the morning of 2nd April 2007 when seven officers acting on behalf of the Jabatan Agama Islam Selangor (JAIS) raided their residence in Kampung Baru Tambahan, Ulu Yang, Selangor, detaining his wife and six children and forcibly took them away from their house. Marimuthu was threatened with “khalwat” if he attempted to stop them.

He immediately lodged a police report with the Ulu Yam Police Station the very same day.

Karpal is seeking an early date for the hearing of Marimuthu’s habeas corpus application.

  1. #1 by toyolbuster on Thursday, 19 April 2007 - 7:11 pm

    If this is what Islam Hadhari is all about, then I think it is the beginning of the end of Humanity in Malaysia. God Bless us all. Our Hope and a better future for our children is doomed by this idiotic PM who is as sick in the head as Hitler, Pol Pot, Osama, Saddam or Cho Seung-Hui. And with potential future PMs tossing about their keris and challenging each other to use them, what can we hope for.

  2. #2 by toyolbuster on Thursday, 19 April 2007 - 7:21 pm

    You would rightly expect the situation to improve after the so embarrasing episode in Langkawi when these religious freaks wrongly accused an elderly American couple for khalwat. Who the hell they think they are, Ayatollah Syphilis in the Head Khomeini or what.

  3. #3 by Libra2 on Thursday, 19 April 2007 - 7:22 pm

    Even an animal will not grab the children of another of its kind.
    These scums are heartless. They are worst than animals.
    Will the courts defend their rights?

  4. #4 by ahkok1982 on Thursday, 19 April 2007 - 7:24 pm

    what goes around comes around….
    [deleted]

  5. #5 by sammyvellu on Thursday, 19 April 2007 - 7:41 pm

    [deleted]

  6. #6 by pwcheng on Thursday, 19 April 2007 - 7:41 pm

    This country is heavily divided by race and religion and made worse by UMNO who is bent on it because of politics. At every angle you look at it these two problems are staring at us right on the face.

    They make use of racial discrimination and religion to divide the races especially between the Bumis and the nons. It is a tragedy waiting to happen because the Chinese though a very tolerant race has also got a limit. They had come out with all sort of things to frustrate you, maybe to drive us away and you can be sure that they will be very happy to know that there are more than a million non-Bumis migrataed during the past 30 years or so. I hope uncle KIt will not mention about the migration because we are only making them happy.

    I am not affliated to any political parties neither is politics my cup of tea. I am telling all these from my experiences. They (government servants) just frustrate you to the core, albeit how unreasonable it can be and insist that non-transparency and changing of policies as and when they like is their right. Most of us can write a book on these basing on our experiences.

    Anyway at the end of the day what can we do. Those leaders that sign the constitution at that time was myopic and they thought Money Controls All (MCA). They did not see that politics can override everything and that is why we are in this ruts now for they will twist and turn the constitution to suit themselves and our Marimuthu Periasamy has to bear the brunt of it now. Unfortunately you can be sure that this will not be the last Marimuthu Periasamy to be in this situation.

  7. #7 by a-malaysian on Thursday, 19 April 2007 - 8:24 pm

    What right do they have, by just words that you are a muslim? Bodohwi you have make the worst thing happen in running this bodohland of yours.

    You want them, just prove in the court of law that they are muslim. Your hadwhateverdari is to force people to become muslim?

    This cannot that cannot when it concern muslim, than what can, by force?

    YB Kit is trying to meet up with you to discuss on this subject and if you fail to do so, than you are not worth a grain of salt.

    50 years is ENOUGH
    Vote For A Change
    Vote For Any Opposition
    Give Them A Chance To Change For A Better Malaysia
    Remember bn Is A Useless Grouping Of Self Serving, Corrupt, Dictator, Power Crazy, Racist, Kris waving, etc, etc type of parties.

  8. #8 by grace on Thursday, 19 April 2007 - 8:43 pm

    Can any one tell me whether it is ok to snatch children away from parents just like this? Isn’t this tantamount to kidnapping?

    I wonder God (whatever God you believe) sanction such action?
    But I know my God, the all merciful, strictly forbid such action.

  9. #9 by sammyvellu on Thursday, 19 April 2007 - 8:45 pm

    Grace, I think this is called legal extortion, daylight roberry and government funded terrorism

  10. #10 by kurangajah on Thursday, 19 April 2007 - 9:21 pm

    It will be a double tragedy should the Court decide that since this is a Muslim matter, it has no jurisdiction, and therefore should be referred to the Syariah Court.

  11. #11 by Loh on Thursday, 19 April 2007 - 9:30 pm

    ///Article 3 (1) : Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

    Article 11(1) :Every person has the right to profess and practise his religion, and subject to Clause (4) to propagate it.

    Article 11(3) Every religious group has the right –
    (a) to manage its religious affairs
    (b) to establish and maintain institutions for religious and charitable purposes///

    Article 11 (1) grarantees that Raimah Bibi has the right to profess her religion, and since she does not propagate the religion rather than merely practicises it, Clause (4) does not apply.

    Jabatan Agama Islam Selangor (JAIS), as a religious group is free under article 11 (3) to manage its religious affairs. But managing religious affairs should not include forcible making a person to practice a particular religion, which is against article 11(1).

    Article 11(3) limits the rights of religious groups, and in the case of Islam, that group might be financed by the state as a government agency because of the status of Islam as a religion of the Federation. Indeed JAIS should only function for religious and charitable purposes, and not in ‘enforcement of religious practices’ of persons whose right is guaranteed under Article 11 (1).

  12. #12 by robert wong on Thursday, 19 April 2007 - 9:55 pm

    All Malaysians of non-muslim faith should re-check their MYCARD using my card reader which can be bought from some shops which cost around RM20 each or with Registration Dept on their ’embedded’ religion on my-card. There are cases whereby whether intentional or unintentional some Christians had been switched to Muslim on their cards.

    Only muslims had their religion printed on MYCARD, the rest none ! Imagine the trouble you have to go through had JAIS or MUIS detected that your MYCARD is a muslim and married and had children with a non-muslim spouse !

  13. #13 by Jeffrey on Thursday, 19 April 2007 - 10:05 pm

    Undergrad2 said in his posting on 19th April 2007 at 7:06pm (under preceding Blog Thread “Ijok by-election: Khir Toyo arrested and charged for corruption if ACA independent”, “Jeffrey, with that kind of view you’re but one step short of going down the proverbial slippery slope leading towards ‘fascism’ ”.

    One step short? I thought we’re already down the proverbial slippery slope leading towards ‘fascism’.

    But what is fascism?

    There is no consensus ever achieved on a precise definition of what this open-ended term fascism means.

    Broadly, however, it is used to cover a range of authoritarian political ideologies, parties and political systems. I also read somewhere that it is a reference to authoritarian political ideologies (generally associated with a mass movement) that considers individual interests inferior to the wider needs of the state or society based on ethnic, religious, cultural, or racial attributes defined by its leaders.

    Franklin D. Roosevelt, president of the United States from 1933 to 1945, defined fascism in his 1942 in this way : “The first truth is that the liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than their democratic state itself. That, in its essence, is fascism–ownership of government by an individual, by a group, or by any other controlling private power”.

    Now what has happened according to YB, is Marimuthu Periasamy, and his wife Raimah Bibi a/p Noordin “were at all material times of the Indian race and they practiced and professed the Hindu religion. They brought up their children in the Hindu religion and beliefs. Things changed in the morning of 2nd April 2007 when seven officers acting on behalf of the Jabatan Agama Islam Selangor (JAIS) raided their residence in Kampung Baru Tambahan, Ulu Yang, Selangor, detaining his wife and six children and forcibly took them away from their house. Marimuthu was threatened with “khalwat” if he attempted to stop them”.

    Do you not think that it is a situation that might fit what Franklin D. Roosevelt said? Don’t you not think we’re already down that “slippery slope” towards the point that fits his description??

  14. #14 by fighter on Thursday, 19 April 2007 - 10:55 pm

    If by the coming GE,no action is taken to resolve the non-Muslims problems with Article 121(1A),then DAP and PKR should use this as a major issue in the election campaigns.

    Just as YB did successfully in the case of Suzie Teoh case,all those involved like Marimutu,Sabshini and others be invited to inform everyone of how their basic human rights have being stripped off.Their personal appearances to tell their stories will be more dramatic to the people than for others to tell on their behalf.

    Don’t do it in the by-election.Keep this ace card in the coming GE! In the meanwhile get ready to get the contacts of all those who suffer from these gross injustices so that when the need arises they are ready to present their cases.

  15. #15 by accountability on Thursday, 19 April 2007 - 11:26 pm

    [deleted]

    these are issues that hurt our nation at the very core, yet i’m very sure they’re all busy campaigning at recent elections to fish for votes to care for the people!

  16. #16 by k1980 on Friday, 20 April 2007 - 12:10 am

    WHO STARTED ALL THIS?
    When Dr Mahathir amended clause 121 of the Constitution in the late 80s, he elevated the Sharia courts, giving them equal powers to that of civil courts, thereby creating two parallel legal systems replacing what was a secular judicial system.

    See http://malaysia-today.net/blog2006/newsncom.php?itemid=4005

  17. #17 by pwcheng on Friday, 20 April 2007 - 12:15 am

    grace, their God is greater than your God insofar as this Bodohland is concerned. In truth they are making use of their God as a front to advance their political interests. They have their power today but do not forget that they can loose it tomorrow. Remember how the British were humiliated by the Japanese. This will happen to them one day and only then will they realize what is God.

  18. #18 by Rocky on Friday, 20 April 2007 - 1:42 am

    k1980 Says:
    April 20th, 2007 at 12:10 am

    WHO STARTED ALL THIS?
    When Dr Mahathir amended clause 121 of the Constitution in the late 80s, he elevated the Sharia courts, giving them equal powers to that of civil courts, thereby creating two parallel legal systems replacing what was a secular judicial system.

    and who supported this amendment?MCA, MIC,Gerakan etc!!!! So it had non muslims support.The non muslim BN parties sold their soul and now they are all quiet and pretend nothing happened while the very people the claim to fight for are suffering and left to fend for themselves!!! Cemerlang!!!!

  19. #19 by accountability on Friday, 20 April 2007 - 3:38 am

    cemerlang? temberang is more like it as far as bodohland is concerned…

  20. #20 by sheriff singh on Friday, 20 April 2007 - 4:34 am

    Anybody care to ask OKT, Samy Vellu etc what their stands are? And what they propose to do about it?

    They just pretend dunno and won’t do anything. How about Michael Chong? Or the ‘social activist’ and national service taiko Lee Lam Thye? Or Maximus Ongkili, the national unity fellow? Best ask the founder of the Islam Hadhari, Bapak Lah.

  21. #21 by Tai Lo Chin on Friday, 20 April 2007 - 5:34 am

    “When Dr Mahathir amended clause 121 of the Constitution in the late 80s, he elevated the Sharia courts, giving them equal powers to that of civil courts, thereby creating two parallel legal systems replacing what was a secular judicial system”.

    I am sure Malaysian History will record in the future, if it were honestly admitted unlike the Japanese denying their atrocities in Nanking, that there has never been a phenomenon like him that, on balance, has wrought so much fundamental change of far reaching consequences, laid so deep foundation for the destruction of all hopes, and all possibilities that this nation could ever be one where peoples of different races, culture and religions live in harmony and common weal as they, once upon a time during Tunku Abdul Rahman’s rule, showed the possibility of. In his entirely and utterly selfish ascendency to power, he was a tremendous eruption of cunning and energy that shattered existing and established new standards in the excesses of NEP, accelerating the pace of Islamisation, curbing rulers’ powers, manacling judiciary by sacking Tun Salleh Abas, jailing of his deputy DSAR, downgrading the standard of English for a whole generation and the slide and de-internationalisation of Malaysian Ringgit, promoting development via privatisation and mega projects that elevated cronyism and corruption to unprecedented heights of being state of art, blurring of all lines in financial probity as when Petronas and EPF monies were used to bail out failed mega projects and moribound KLSE, xenophobia against whites and jews (and hypocrisy in trying to have photo session with the American president), constitutional amendments to entrench draconian laws restraining liberty, and of course article 121(1)A of the Constitution and pronuncement of the Islamic state and so on and so on. His legacy is linked to the sheer quality of excesses. He had unleashed forces surviving after his own administration that will usher this onec hopeful nation in an inexorable course towards its own destruction. Read my lips, this is will come to pass.

  22. #22 by jango ang on Friday, 20 April 2007 - 5:42 am

    Very sad.

  23. #23 by izrafeil on Friday, 20 April 2007 - 5:51 am

    My reading is this;

    a) Election is very very near
    b) BN has no moral support on all of its on-going policies hence they will use Periasamy’s issue.
    c) This is one of the many more that BN have plan and will exploit to the maximum coming this general election.
    [Otherwise why now take action, its been damn long 17 years]
    d) Malays will so be suck into morality dilemma that have been put into their minds over decades of misinformation.
    e) BN will win back the majority of Malay support on this issue.
    f) Something really is wrong with the implementation of our constitution, its lopsided, maybe we should have referendum to change this.

  24. #24 by Billy on Friday, 20 April 2007 - 6:18 am

    This is the result of the verification of my MyCard with the NRD. Believe it or not, I am a Catholic but my religious status is “Buddha”. I have been married for 30 years and my marital status showed that I was a “bujang”. Just a few days ago, a MCA state assemblyman’s religion was stated as a “Hindu”. Now we are paying dearly for a total screwed up system that have put many of us into misery. But the big question is – where is taikoh Samy or for that matter, MIC? All the talk of “for the people” is nothing more than horse dung and mind you, they can lie with a straight face.

  25. #25 by sotong on Friday, 20 April 2007 - 7:33 am

    All true religions are compassionate.

    Separation of State and religion is crucial to maintain law and order and protection of basic human rights.

    Don’t blame Islam…..it has nothing to do with this. Like Islamic terrorists, extremists and fundamentalists, this is the making of grossly misguided people and posed a great threat to a multi religious society.

  26. #26 by lakshy on Friday, 20 April 2007 - 8:11 am

    I agree with Sotong…..dont blame Islam…..it has nothing to do with this.

    Blame the malaysian talibans for the talibanisation of malaysia.

  27. #27 by lakshy on Friday, 20 April 2007 - 8:12 am

    Of course you have to blame the leaders of the nation for not coming out and speaking from their position of authority. But then we dont seem to have any leaders anymore…..

  28. #28 by sotong on Friday, 20 April 2007 - 8:28 am

    There is no quick fix.

    But you cannot undo decades of damaging politics of religion and misinformation that seriously affected millions and different generations in a short period!

    It is a very sad to see a promising country is this difficult situation…..which is unnecessary and avoidable had the leaders/politicians been selfless, competent and far sighted and placed the interest of the country and her ordinary people first.

  29. #29 by grace on Friday, 20 April 2007 - 12:11 pm

    I agree that Islam, if practised accordingly is a beautiful religion. It is those self-righteous ulamas and politicians who distort the image of islam beyond recognition. While in Turkey, I was so surprised the Islam they practise is so different from ours. I was told that they have complete freedom in deciding the religion. No forced conversion to Islam and similarly Muslim can convert to other religion if they wish to. You can preach Christianity or give them Bibles and you are safe from arrest.Yet you find that the Muslims do not convert to other religion so easily. I believe the opposite is true because the muslims there are so accomodating and really are testimonies to the beauty of Islam.
    But here??? Takut lo. You may face the fate of Subashini or Marimuthu. Or your dead body will be snatched away from the love ones! Oh, never, never ,never!
    They even allow Jews to worship in synagogues (which you can never dream of here).

  30. #30 by sotong on Friday, 20 April 2007 - 1:19 pm

    If a person is put through the complete studies of, let say, Christainity or Buddism. One could reasonably expect a Mother Teresa or Dalai Lama like person at the end.

    But the same cannot be said of Islam at this moment……….that person could ended up being a terrorist or a suicide bomber. There are many cases in the Middle East.

  31. #31 by undergrad2 on Friday, 20 April 2007 - 9:07 pm

    To Garce

    What is happening today in Malaysia that is ripping the different races apart is not religion – but its politicization.

    It is clear, at least to me, that Articles like Art. 3 and 11 of the Federal Constitution of 1957, were not meant to separate Malaysians along racial and religious lines. They were meant to give a public face to Islam, protect its status rather than be used as a vehicle for the advancement of a certain political agenda.

    When the first wave of Islamic fundamentalism reached Malaysian shores as a result of events half way across the world, political activists and leaders the likes of Anwar Ibrahim was quick to tap into the power that it represents. And when Mahathir chose to bring him “into the fold” (Anwar was with PAS then) it was in recognition of this phenomenon if you will.

    That marked the watershed in our political landscape when religion came to be used as a vehicle to advance careers within UMNO. It still is to this very day.

    This trend has to be reversed and the man to do it would be Anwar Ibrahim who played politics with religion in a big way on his way up the political ladder.

  32. #32 by sammyvellu on Saturday, 21 April 2007 - 12:03 am

    Robert,

    You can check the contents of MYCARD by inserting your chip based MYCARD into slot 2 of ASTRO decoder and change to channel 800.

    No need to spend RM20 on the reader

  33. #33 by Jonny on Saturday, 21 April 2007 - 11:55 am

    10 years ago, I read about all these reported ‘barkings’ in the main media of Uncle Kit and Karpal in the parliament. Sounds so boring to me. I was wondering what it was all about with all these constitutional things. I didn’t care about those. Took for granted.

    Now I know … when all around me has fallen one by one … there is no one else to defend my basic rights.

    The change must start from Ijok.

  34. #34 by undergrad2 on Monday, 23 April 2007 - 1:44 am

    “Rubber tapper Marimuthu Periasamy, 43, has today filed habeas corpus writ for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department for the past 17 days.”

    In matters like this, and in order to provide consistency over constitutional matters involving the religion of the federation they should suspend ‘habeas corpus’.

You must be logged in to post a comment.