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Saturday, November 24, 2007
The HINDRAF Assembly::Will Article 10 Prevail?


Article 10(b) of the Constitution states that ::
all citizens have the right to assemble peaceably and without arms

Based on this, HINDRAF supporters will assemble peacefully to present a petition to Queen Elizabeth II to appoint Solicitors and Queens Counsels to represent the Malaysian Indians in their civil suit filed on their behalf by P.Waytha Moorthy against the British Government for its neglect and failure to protect the minority Indian Rights when it left Malaysia to UMNO 50 years ago.

In August 2007, the chairperson of Hindraf filed a suit against the British government at the Royal Court of Justice, London for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years. The suit sought a declaration that the Reid Commission Report 1957 failed to incorporate the rights of the Indian community resulting in discrimination. The quantum sought is US$4 trillion (RM14 trillion) - or US$2 million for every Indian currently residing in Malaysia.

The peaceful Hindraf assembly has been denied a police permit and a court order has been obtained banning all Hindraf supporters from attending the assembly at the British High Commission in Kuala Lumpur on 25th November.

Malaysiakini reported that Aliran and opposition parties are supporting the Hindraf assembly and have appealed to the gomen and police to allow the assembly.

Some like PKR offers qualified support and Haris of People's Parliament offers reasons why the assembly must not proceed. But is it wrong for Hindraf to hand over their petition? Hindraf is not asking for much, the legal advisor of Hindraf says :: “We intend to hand in our memorandum and go home peacefully”. Shouldn't this be allowed?

Presently there appears to be an impasse, will good sense prevail on 25th November and the peaceful assembly be allowed to proceed peacefully. Will Article 10 prevail and Malaysians have their rights to assemble peacefully?

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