Wednesday, January 31, 2018

I will continue to speak out - HR Defender Sarajun Hoda, and so will WE?

DESPITE his arrest last night, social activist Sarajun Hoda Abdul Hassan will continue to speak up on critical issues, but with a better choice of words.

Keeping Malaysians 'under control' - by depriving people the right to speak up their opinions and viewpoints is one of the bad characteristic of our present UMNO-BN government. That is certainly not how a democracy works - in fact, in a democracy, the people must be encouraged and empowered to speak up and express themselves - so that the peoples' representative and the Prime Minister chosen by the MPs know what Malaysians want - and will follow the will of the people and govern it in such a way...

Now, with in this day and age of the Internet and social media, people have the ability to share their views and opinions...with many other people. Why should we just listen to the politicians and political leaders only (who get a lot of media coverage)? People should also be able to give their own opinion and viewpoints ...YES, some of it you may disagree with...and some you may agree with. When someone speaks up, other respond with their own views...and there is 'dialogue'...and new opinions, viewpoints and positions are created...

There has been just too many actions against people speaking up and expressing themselves...This UMNO-BN has made it difficult for people to gather and exchange views (We have that law that prevents 5 or more to gather, and if we want to, then looks like we have to apply for 'Permission' from the government - WHY?). They are acting against people dropping balloons with the word 'Justice', people who share on WhatsApp, FB Groups ...Well, it has had its effect, for now many people in FB groups simply choose to read comments made ...not even pressing 'Like' or making a comment in agreement or disagreement...In fact, the number of people expressing their views seems to have declined... Many people now just tend to share JOKES, For sale items/services, Greetings like 'Good Morning'...Malaysians are MORE - they have their own views and thoughts ...and more should share it...

Since 1998(REFORMASI) ...BERSIH...HINDRAF...HIMPUNAN RUU 355 - an indicator that Malaysians have become Brave again and is willing to RISK arrest and detention, and express their opinions and views collectively. Such Peaceful Assemblies are important to show the government that MANY people share a common viewpoint, opinion or position..

The UMNO-BN government(and maybe even the Opposition government) seem to be scared of people sharing and discussing...They would rather prefer people to stay home and watch TV or EPL(English Premier League football)...They prefer people to come and LISTEN to them...They are afraid of people coming together and talking and acting ...

Sarajon Hoda - well, he was apparently being investigated for some view that he published and shared online ... Well, if the police wanted to investigate the possibility of a crime ...the police could simply send him a letter(summons to appear at the police station for the purpose of investigation....)

BUT, why did they go to his home at night and arrest and take him to the police station, and keep him there for hours and he was finally released passed midnight... Well, in my opinion, it is wrong and MAYBE also just to put more FEAR into people like him and all of us....(I recall, that in 2016, I and 3 other lawyers were informed by letter to appear at the police station, and we certainly turned up - Likewise, I am sure Sarajun Hoda would have done the same...).

The message this UMNO-BN government  may have wanted to sent to the people by ...maybe you and I should stop speaking up...or expressing ourselves... SHUT UP - the government knows best? [Or maybe the police were just acting on their own?]

What is your response - Stop speaking ...'I do not want to risk being arrested, detained...charged...' - Well, then the strategy employed by the government succeeded - Government Win People Lose!

Well, Sarajun Hoda is going to continue to SPEAK OUT... The incident seems to have not deterred his will and commitment to uphold the cause of justice without fear or favour...

I will continue to speak out, says activist

Noel Achariam
I will continue to speak out, says activist
Sarajun Hoda Abdul Hassan's Facebook post was on the issue of tauliah, where a religious leader or a mufti must get the approval of the state religious department before giving any sermons at mosques. – The Malaysian Insight pic, January 30, 2018.
DESPITE his arrest last night, social activist Sarajun Hoda Abdul Hassan will continue to speak up on critical issues, but with a better choice of words.

The Aliran member and former Bersih deputy chairman was picked up from his house yesterday evening for a Facebook posting he put up in July last year.

He was released just after midnight today after he had his statement recorded at the Dang Wangi district police headquarters.

Speaking to The Malaysian Insight at a restaurant in Klang today, Sarajun said his “offensive” posting was on the issue of tauliah, where any speaker on Islam must get the approval of the state religious department before giving any sermon anywhere.

“Even international Muslim scholars were shunned from any (public) place because they didn’t get the tauliah.

“The tauliah issue is not Islamic. It’s political,” the 61-year-old said.

Sarajun added that he deleted the post three months later on the advice of lawyers and friends.

But by then, a police report was lodged against him in Putrajaya.

“The police came looking for me in November and December last year but I was overseas, on holiday. I came back on January 12 and police arrested me yesterday,” he said.

He is being investigated under Section 298 of the Penal Code which makes it illegal to utter words that could hurt the religious feelings of another person while Section 233 of the Multimedia Act states it is an offence to use network services to transmit any communication that is deemed offensive.

Sarajun said he only posted his opinion on what he felt was happening in the country and what was affecting Malaysians.

“The complaints against me are petty. Their understanding of Islam is shallow because they don’t read the Quran and reflect on its interpretation and meaning, he said.

He said Malaysia was in a dire situation in terms of social cohesion, race relations and religious bigots.

“As a Malaysian I should voice out against those who make statements that are not conducive to the country environment such as the elected representatives,” Sarajun said.

“I will continue to write, but I will have to rethink my choice of words.”

Sarajun was an activist for 40 years and a member of Aliran Kesedaran Negara (Aliran) which was set up in 1977.

Aliran is Malaysia first multi-ethnic reform movement dedicated to justice, freedom and solidarity.

Listed on the roster of the Economic and Social Council of the United Nations since 1987, Aliran’s main activity is publishing Aliran Monthly, a periodical to raise awareness on local human rights issues. – Malaysian Insight, January 30, 2018.


Thursday March 31, 2016
05:20 PM GMT+8
March 31, 2016
07:53 PM GMT+8

Charles Hector (centre), R. Shanmugam (left) and Francis Pereira arriving at Bukit Aman to give their statements regarding a sedition investigation in Kuala Lumpur, March 31, 2016. — Picture by Yusof Mat Isa Charles Hector (centre), R. Shanmugam (left) and Francis Pereira arriving at Bukit Aman to give their statements regarding a sedition investigation in Kuala Lumpur, March 31, 2016. — Picture by Yusof Mat Isa  

KUALA LUMPUR, March 31 — The three lawyers under investigation for sedition over their motion calling for the Attorney-General’s resignation said today the possibility of facing charges for their action would not stop them from carrying out their duties.

Lawyer Charles Hector Fernandez said that as lawyers, it is their obligation to uphold the rule of law, even in the face of alleged intimidation by the authorities.

“We are still committed to upholding the course of justice, no amount of harassment or intimidation will stop us because ultimately, our position is that as lawyer and a member of the Bar, we have a right and also a duty, and an obligation, to uphold the course of justice and bring about reforms to the course of justice.

“It’s not just the obligation of lawyers but of each Malaysian to improve things,” he said outside the Bukit Aman police headquarters after he and his two colleagues gave their statements for the sedition investigation.

Lawyer R. Shanmugam added that the trio did no wrong in calling for AG Tan Sri Mohamed Apandi Ali’s resignation as anyone holding public office has a right to be scrutinised by the public.

“No public officer is so infallible that he cannot be questioned. We as lawyers have a right to scrutinise the conduct of any public officer,” he said.

Lawyer Francis Pereira pointed out they were merely carrying out their statutory rights as lawyers, adding that the Malaysian Bar annual general meeting (AGM) where the motion was proposed was held behind closed doors.

“To the extent of law, we want to emphasise that it was a closed-door meeting and the act of calling and asking what happened is bad and unnecessary.

“Irrespective of whatever the police report said in regards to the motion, this is quite uncalled for certainly the Bar isn’t intimidated and we’ll carry on,” he said.

Former Malaysian Bar president Datuk Ambiga Sreenevasan, who was also present, claimed the “unprecedented” investigation suggested panic within Putrajaya, and that such action was unnecessary if the people in power did not do anything that merited criticism.

She added that the authorities were disrespecting the statutory rights of the Malaysian Bar by pursuing a sedition investigation over a motion made behind closed doors.

“They think they can barge into our territory and tell us what to do. It’s our home in a sense,” she said.
Malaysian Bar vice-president George Varughese was confident, however, that the police will find no cause to charge the three lawyers after their questioning today.

But Ambiga insisted that the authorities’ move to investigate members of the Bar over the motion was an act of intimidation with a knock-on effect on others.

“For me even the questioning is wrong because it is an attempt at intimidating other organisations like human rights organisations; they might think twice because action can be taken,” she said.

About 20 lawyers and activists gathered outside the federal police headquarters today in solidarity with the trio, with some holding up signs that read “#RespectMyAGM,” punning the #RespectmyPM hashtag from several weeks ago.

Others present included Bersih 2.0 chief Maria Chin Abdullah, PKR’s N. Surendran, DAP’s Gobind Singh Deo, civil liberties lawyer Syahredzan Johan and Lawyers for Liberties’ Eric Paulsen.

The contentious motion at the Malaysian Bar’s AGM called on Apandi to resign as AG over his decisions in cases involving state investment firm 1Malaysia Development Bhd (1MDB), former 1MDB unit SRC International, and the transfer of RM2.6 billion into the prime minister’s personal accounts.

Apandi told a press conference on January 26 that he found that Prime Minister Datuk Seri Najib Razak did not commit any criminal offence in the cases of SRC International and the RM2.6 billion transfer, which he said was a donation from the Saudi royalty. - Malay Mail,31/3/2016

Earlier related post:-

HRD Sarajun Hoda of ALIRAN arrested - Reason still unknown?


1 comment:

Hakimi Abdul Jabar said...

Tafsiran Kehakiman, Konstruksi Perlembagaan dan Kerajaan Berperlembagaan

Kerajaan Berperlembagaan bukan hanya bermakna kerajaan yang menurut terma perlembagaan. Ia bermakna kerajaan yang menurut peraturan dan ini berlawanan dengan kerajaan arbitrari; kerajaan yang dibatasi oleh terma perlembagaan. Justifikasi perlembagaan ialah mengehadkan kerajaan dan memerlukan mereka yang mentadbir mematuhi undang-undang dan peraturan.

Perlembagaan menetapkan had kuasa institusi yang ditubuhkannya dan dimaktubkan bahawasenya tanggungjawab dan tugas badan kehakiman untuk menentukan sama ada tindakan itu melanggar had-had tersebut.

Kes-kes perlembagaan banyak negara demokratik merujuk kepada keputusan John Marshall, Ketua Hakim Negara Amerika Syarikat dalam tahun 1803 dalam Mahkamah Agung dalam kes Marbury v Madison (I Cranch 137).