The theory behind Buah Pala and Indians
Yesterday on 21st August 2009 the Federal court of Malaysia ruled out the villagers' plight. The court decided that the residents were trespassers and ordered them to vacate the land. The judge ruled that the villagers have no locus standi. Soon, on 1st September 2009 the demolition works will take place.
In the past one week I have been reading many comments throughout Malaysia about the Buah Pala issue. Some of them positive and many of them negative. In Tamil there is a saying - "whatever sighted by the eyes can be wrong, whatever heard by the ears also can be wrong but only proper investigation will reveal the truth".
Buah Pala opened my eyes to see how many Indians, united after 25th Nov 2007, are now scattered.
Many parties took political advantage by breaking the unity.
By right, 52 years we were marginalized and still we are preferring to being marginalized.
I have been reading comments that are vulgar too. The best part is we are not fighting or commenting about DAP or BN. Most of the comments are against our own community. Our major problem is, we have never been straightforward. We like to criticize someone at the back and never want to investigate.
The people's best political parties are always blaming that the mainstream media is not honest with its news but our Indians blindly like to follow the mainstream media. Do you know the consequence? The day BN lost 2/3 rd majority in the parliament, their main aim was to break us down. Now I am seeing it clearly. We are broken into pieces and still we are blaming MIC, HIndraf, Makkal Sakti, Paham and Buah Pala.
A piece of straw may be very light and easy to bend but if we have 1000 pieces of straw together it will be hard to bend. That is the theory, We Indians easily follow the flow of political parties and get broken into pieces. Who to be blame? Do you think your children and grandchildren will be having a better life through this approach? Lets think far ahead than just shallow.
Back to Buah Pala, Do you all remember or have you all seen the video clips which shows the promise by PR government before the elections in 2008? Mr.Rayer, YB Lim Guan Eng and even Anwar Ibrahim promised that they will not allow the village to be demolished. They said that they will protect the Villagers. All the words were spoken without confidence that they will win and form the Penang State Government.
Think clearly now.... If BN was ruling Penang and PR was still an opposition, could you imagine what kind opposition PR will give for this issue? Don’t you think they will politicise the issue? The whole group of PR Indian MPs will be in Buah Pala to protect them. Do you agree with me? Imagine the situation which I am telling now. All blogs and websites will be published with news about Buah Pala to tarnish BN’s name.
But what happened today? After PR took over the administration, they got the part of the selling money on April 2007. Now the PR government is stuck and Guan Eng is running away from his promise to protect the village.
Finally who was stuck in between the 3rd class citizen of Malaysia (Indians) ?
Again I am mentioning the PR government many times revealed that the court of Malaysia is controlled by the governing party.
Is it correct?
Let us see clearly. Anwar 'black eye' incident is a simple example. It took a long time for him to proof that Rahim Noor punched him. Why long time? Simply because the important cases in Malaysia are controlled and decided by the BN government.
Now back to Buah Pala. What is the connection between the courts and BN? The land was sold by BN. Now BN has to take back Penang in the next election. How can they do it? This Kampung Buah Pala has to been demolished and that is the plan. The court has to rule out the case. In this way on 1st September 2009 the developer will demolish the village. If this going to be happen, then in the next election , angered villagers will vote for BN. The people's favourite parties in PR will loose their authority.
What is the actual benefit for the Indians? We are just like a ball in the football ground. Both sides of players kick us here and there and we will be happy for it. This shows all parties in Malaysia are playing with Indians' life because we are not united and very easy to split. Most of you may even comment on this and may say the writer is talking nonsense but that is the reality. You are just a 3rd class citizen of the country.
My honest wish is you all should understand your real position in Malaysia and try to be strong together. It is just a laughing stock to be apart. I am sorry If I have hurt you all in any way but the truth prevail.
Yesterday on 21st August 2009 the Federal court of Malaysia ruled out the villagers' plight. The court decided that the residents were trespassers and ordered them to vacate the land. The judge ruled that the villagers have no locus standi. Soon, on 1st September 2009 the demolition works will take place.
In the past one week I have been reading many comments throughout Malaysia about the Buah Pala issue. Some of them positive and many of them negative. In Tamil there is a saying - "whatever sighted by the eyes can be wrong, whatever heard by the ears also can be wrong but only proper investigation will reveal the truth".
Buah Pala opened my eyes to see how many Indians, united after 25th Nov 2007, are now scattered.
Many parties took political advantage by breaking the unity.
By right, 52 years we were marginalized and still we are preferring to being marginalized.
I have been reading comments that are vulgar too. The best part is we are not fighting or commenting about DAP or BN. Most of the comments are against our own community. Our major problem is, we have never been straightforward. We like to criticize someone at the back and never want to investigate.
The people's best political parties are always blaming that the mainstream media is not honest with its news but our Indians blindly like to follow the mainstream media. Do you know the consequence? The day BN lost 2/3 rd majority in the parliament, their main aim was to break us down. Now I am seeing it clearly. We are broken into pieces and still we are blaming MIC, HIndraf, Makkal Sakti, Paham and Buah Pala.
A piece of straw may be very light and easy to bend but if we have 1000 pieces of straw together it will be hard to bend. That is the theory, We Indians easily follow the flow of political parties and get broken into pieces. Who to be blame? Do you think your children and grandchildren will be having a better life through this approach? Lets think far ahead than just shallow.
Back to Buah Pala, Do you all remember or have you all seen the video clips which shows the promise by PR government before the elections in 2008? Mr.Rayer, YB Lim Guan Eng and even Anwar Ibrahim promised that they will not allow the village to be demolished. They said that they will protect the Villagers. All the words were spoken without confidence that they will win and form the Penang State Government.
Think clearly now.... If BN was ruling Penang and PR was still an opposition, could you imagine what kind opposition PR will give for this issue? Don’t you think they will politicise the issue? The whole group of PR Indian MPs will be in Buah Pala to protect them. Do you agree with me? Imagine the situation which I am telling now. All blogs and websites will be published with news about Buah Pala to tarnish BN’s name.
But what happened today? After PR took over the administration, they got the part of the selling money on April 2007. Now the PR government is stuck and Guan Eng is running away from his promise to protect the village.
Finally who was stuck in between the 3rd class citizen of Malaysia (Indians) ?
Again I am mentioning the PR government many times revealed that the court of Malaysia is controlled by the governing party.
Is it correct?
Let us see clearly. Anwar 'black eye' incident is a simple example. It took a long time for him to proof that Rahim Noor punched him. Why long time? Simply because the important cases in Malaysia are controlled and decided by the BN government.
Now back to Buah Pala. What is the connection between the courts and BN? The land was sold by BN. Now BN has to take back Penang in the next election. How can they do it? This Kampung Buah Pala has to been demolished and that is the plan. The court has to rule out the case. In this way on 1st September 2009 the developer will demolish the village. If this going to be happen, then in the next election , angered villagers will vote for BN. The people's favourite parties in PR will loose their authority.
What is the actual benefit for the Indians? We are just like a ball in the football ground. Both sides of players kick us here and there and we will be happy for it. This shows all parties in Malaysia are playing with Indians' life because we are not united and very easy to split. Most of you may even comment on this and may say the writer is talking nonsense but that is the reality. You are just a 3rd class citizen of the country.
My honest wish is you all should understand your real position in Malaysia and try to be strong together. It is just a laughing stock to be apart. I am sorry If I have hurt you all in any way but the truth prevail.
22/08/09
Dear NE, well done on your article the two sides kick us (Indians) like a football. Before the ball get smashed the Indians must get ready to fight for their rights in a legal way.
ReplyDeleteOnly HINDRAF Mr. Uthayakumar and Mr. Waythamoorthy can deliver the Malaysian Indians their plight without expecting anything from anybody. Hindraf infact have united many malaysian Indians after 25.11.2007.
Malaysian Indians can see how the UMNO government treating the Indians now after Hindraf rallies. There is vast difference. However,The DAP has betrayed the Kg Buah Pala residents.
All the Malaysian Indians must now unite togather and support Brother Uthaya and his Human Rights Party to achive the needs of Malaysian Indians.
Infact brother Uthaya has step in to defend at the federal court for our brothers and sisters of Kg Buah Pala.
Brother Waythamoorthy has gone with brother Muruga vel of kg buah pala resident to save kg buah pala as Indian only heritage in Paris recently. Our two brothers Mr. Uthaya and brother Waytha are doing more for Malaysian Indian. Kg Buah Pala residents are the beneficiaries of Mr. Brown's trust settlement.They are not squatters. God bless Mr. Uthaya and Hindraf Chairman Mr. Waythamoorty and
kg buah pala residents. The Court battle is not over yet for kg buah pala residents.
The federal court has made an injustice decision. The federal court judges are to harsh dismiss the poor kg buah pala residents application with costs.
However, the federal court has also pointed out some good points/issues that the Kg Buah Pala Lawyers need to add in the Judicial Review Application at the Lower Court (High Court).
Since the previous decision was made on 24/6/08, the Kg Buah Pala residents have three months to file their judicial review application at the High Court. This application has to file in before the three months of the dated (previous court decision given).
The residents lawyers should file before the deadline 24/09/2009. The federal court judges stated that the lawyers should raise the locus standi issue and land title fraud issue in the High Court and Appeal Court.
Therefore now the residents’ lawyers must add all these grounds and issues of fraudulent transfer to Koperasi and Nusmetro in the judicial review application. Finally, the residents’ lawyers should request for a full trial for all the Kg buah Pala residents to proof their case and locus standi. In which the residents will succeed because they are the beneficiaries of Mr. Brown Trust Settlement.
In our opinion the federal court judges have nicely guided the residents lawyers to pursue the relevant issues at the High Court in their Judicial Review Application so that in future if the high court decision was not in favour to the residents than the residents lawyers could bring all these issues and appeal to the Appeal Court to deal all these fraud transfer, locus standi issues. The federal Court judges may also have the grounds to deal all these issues in future.
One way they are right in explaining to the residents lawyers that these locus standi issue, fraud transfer issue and request for full trial was not dealt in the high court before. Therefore the federal court not could deal all these issues in the appeal now. Since the federal court has given guidance.
The residents lawyers without any delay must file an application for judicial review in the High court before the expiry of the three months of the previous decision given. In our opinion Order 53 Statement of Claim should be filed in in respect of all these issues in the High Court. Lawyer Dashan singh and his team are experts, he should know better in this issues.
As the matter is urgent, the residents lawyers must also take an injunction against Koperasi and Nusmetro from taking the land/demolition and should not evict the kg buah pala residents until all the court cases are concluded.
God bless kg buah pala residents and their lawyers and Hindraf Chairman Mr. Waythamoorthy for their hard work for the Malaysian Indian Community.
Dear anonymous,
ReplyDeleteI agree with your say. Indians need to throw away their self interest and get united. Strong unity will determine Indians success in future. Indian politicians are acting as though they are being cowed and made as mandores by the selfish political party. This has to change. All the indian politicians should stand strong to fight for justice, no matter the issue involves which race of people.
People like Uthaya and Waytha are willing to help us. Please be united and stand strong beside these good people. Surely GOD will help us to get better future.