27/11: ISA may be used on illegal demonstrators, says Johari

B. Suresh Ram and Giam Say Khoon
The Sun

The government has not ruled out the possibility of using the Internal Security Act (ISA) on those involved in illegal demonstrations and gatherings.

Deputy Internal Security Minister Datuk Mohd Johari Baharum said the government may have to look into the use of detention without trial provisions in the future if such illegal demonstrations continue to mushroom.

"If the situation warrants it, (we will use the ISA)," he told reporters in Parliament lobby yesterday.

The ISA, a colonial piece of legislation that was enforced to deal with the communists during Malaya's emergency, allows for indefinite detention without trial.

Johari said the government may have to consider using the ISA following the Hindraf demonstration yesterday and the Bersih demonstration two weeks ago which have raised concerns about public safety, security and economic losses.

Johari denied the government was one sided when it came to the issuance of permits for public gatherings.

He said permits for public gatherings were issued if they were beneficial to society.

"Not for a situation which causes problems," he said, adding that the authorities will scrutinise permit applications thoroughly before deciding.

Earlier, he defended the approach taken by the police in breaking up the illegal demonstration by Hindraf yesterday, and in handling the more than 10,000 protestors.

He said police personnel ensured there was no body contact with the demonstrators when carrying out their duty.

However, visuals on Al-Jazeera and pictures which have been posted on the Internet show that some demonstrators were wrestled to the ground and dragged away by the police.

Johari said that after trying to disperse the demonstrators through the use of tear gas and water cannons, the police used the "soft approach" by asking Hindraf leaders to address the crowds to tell them to disperse.

He also said police would be investigating all those hauled up yesterday, including demonstration backers.

"We will trace those behind it and will investigate and take the appropriate action," he said.

He added that despite a court order prohibiting the assembly in front of the British High Commission, the lack of a police permit for the gathering, and sufficient warning by the police, the organisers and participants of the demonstration still chose to defy the rule of law.

"This showed that they came not because of the memorandum. Certain quarters have made use of the demonstration for their own benefit," he said.

136 arrested at rally under remand

Bukit Aman CID director Datuk Christopher Wan confirmed today that the 136 people who were arrested during the Hindu Rights Action Force (Hindraf) rally yesterday were now being remanded for between one and three days.

Wan’s deputy Datuk Acryl Sani Abdullah Sani also said the detainees were being investigated under Section 188 of the Penal Code for disobeying an order by the police.

Offences under Section 188 are punishable with a maximum imprisonment of six months or maximum fine of RM2,000 or both.

"The arrests were done by the Selangor and Kuala Lumpur police under Section 27 of the Police Act (power to regulate assemblies, meetings and processions)," Acryl Sani said.

Acryl Sani told reporters in a function today the police had a special meeting today to discuss the rally and would arrive at some conclusions by Thursday (Nov 29).

Govt's unfair policies claim not true, says Najib

The Barisan Nasional (BN) would not have had the Indian community’s support through the years if the government, led by the coalition, practised unfair policies, Datuk Seri Najib Abdul Razak said.

Responding to comments by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar that the Indians who demonstrated had been oppressed since independence, the deputy prime minister said if that were true, the BN would not have survived this long in government.

Uthayakumar’s comments were made during a live TV interview on Al-Jazeera news yesterday.

"All of a sudden he wants to raise the issue which is politically-motivated," Najib said today after a handing over ceremony of three helicopters to the Malaysian Maritime Enforcement Agency by Eurocopter Malaysia in Subang Airport.

Najib said the street demonstrations affected the country’s image, disrupted business and inconvenienced the public because of the police road blocks that were set up to stop the demonstration.

Asked if the demonstrations were a challenge to the BN, Najib said the BN would not back down from a political challenge.

In Penang, Gerakan acting president Tan Sri Dr Koh Tsu Koon said Hindraf should have engaged in constructive consultation rather than take a confrontational stand.

Koh, who is also Penang Chief Minister, called for a press conference to urge those involved to use peaceful forums rather than street demonstrations.

Citing the efforts by the Sri Murugan Centre to motivate Indian students through incentives, Koh said those who were discontented and felt left behind "should turn these negative feelings to do something constructive about it".

Koh said the best way for the group to voice their discontentment was to use existing channels of communications, for example, through a signature campaign, adding that the government was always open to suggestions.

In Kuala Lumpur, MCA president Datuk Seri Ong Ka Ting said complaints must be channeled legally, adding that an illegal rally was a threat to the country’s image and stability.

"I believe this is also the view of many people and I hope there will be no more illegal rallies in the country," he told reporters.

In a statement today, however, Centre for Public Policy Studies chairman Tan Sri Ramon Navaratnam called on the government to recognise the democratic right of freedom of assembly.

"If we want to consider ourselves a true democracy, then the police should stop immediately its high handed and excessive use of force at dispersing peaceful crowds," he said in reference to the Hindraf rally, and the Nov 10 Bersih rally.

To the government’s insistence that people should raise their concerns in forums instead of demonstrating, Ramon said such forums have been conducted with little avail.

"(The people’s) articulations are compiled into reports and submitted to various committees, but it is precisely inaction and non-response from the government that has fuelled frustrations among those groups who have not received equal treatment," he said.

He also urged the government to examine the root causes that underlie the recent rallies.

"These expressions of frustration and anger arise from a significant proportion of the Malaysian public. These must be factored into policy-making processes, and not ignored," he said.

Johari: Not fair for BN MP to blame govt for Indian woes

A backbenchers was told today it was unfair for him to accuse the government of being unfair to the Indian community when it comes to sharing the country’s economic pie.

S.K. Devamany (BN-Cameron Highlands) had said, when posing a supplementary question, that despite measures promised by the government in its 2020 Vision policy and the Ninh Malaysia Plan, the reaction (Hindraf's demonstration) yesterday showed that there is frustration in the lower rung of the Indian community which saw the involvement of youths and those from the middle income group.

"What are the actions taken to show proof of the government’s efforts in overcoming poverty and limited opportunities in the Indian community," he asked Deputy Internal Security Minister Datuk Mohd Johari Baharum in Parliament.

Johari, replying in Parliament lobby, said it was not fair for Devamany to say the Indian community took to the streets on Sunday because the government was not being fair to them.

"How can he say that the demonstrations were due to Indians’ frustrations," he said.

Deputy Minister in the Prime Minister’s Department Senator Datuk Abdul Rahman Suliman, replying to a supplementary question from Lim Kit Siang (BN-Ipoh Timur), said the Barisan Nasional government was never dictated by demonstrations when it comes to improving the well being of the people.

"’The BN government is always sensitive to the needs and interest of the people. Attention to which has always been paid, even when there is no demonstration," he added.

Lim, in a statement, demanded that Devamany publicly apologise for his Aljazeera interview yesterday (Sunday) for belittling the Hindraf demonstration and condemning the demonstrators.

"The Cabinet on Wednesday (Nov 28) must discuss the ‘cry of desperation’ of the Malaysian Indians symbolised by the 30,000-prople strong Hindraf demonstration," he aadded.