“Political Common Sense and Check”

When news broke out yesterday that P Vwaishhnnavi, the six-year-old niece of detained Hindraf leader P Uthayakumar there were conflicting stories. According to Malaysiakini report a spokesman S.Jayathas said,” We were trying to obtain permission from the security guards for Vwaishhnnavi to submit her letter. They said that we were from Hindraf, but we insisted that we were ‘concerned Indians’ who were accompanying Vwaishnnavi,”

Today in this latest Malaysiakini update http://www.malaysiakini.com/news/91853 P Vwaishhnnavi and her mother K Shanti were released late yesterday but opted to spend the night at the Putrajaya police station. So it pays to listen to the right sources. There was anger when I heard it from an Indian friend that,” They also lock up little kids now under ISA“. I said lets check it out first and find out what really happened?

We need to have COMMON SENSE and CHECK before we embark on hate and other unlawful methods.The Police must know what they are doing or else they would not have taken the necessary actions. I said to my very angry friend,”If the Police is wrong we condemn,criticize and take legal means against them.” Kuala Lumpur police chief Muhammad Sabtu Osman clarified that Vwaishhnnavi has not been arrested and is in her mother’s care. It is extremely difficult to talk sense and give reasons when a person is angry and that’s a FACT. Its not the ISA Act after all and its the Societies Act. 

According to Lawyer N Surendran the 10 others arrested are under two weeks remand for police to facilitate the investigations. The 10 are being investigated under Section 48 of the Societies Act for participating in an unlawful organisation.

What then is Section 48 of the Societies Act 1966(Act 335) & regulations.Section 48 “Acting on behalf of or representing an unlawful society.”

  • (1) any person who in any manner acts on behalf of,or represents, or assists,whether in a professional capacity or otherwise howsoever,any unlawful society,or any person who was an office-bearer thereof as if continues to be an office-bearer thereof,or anybody which was the governing body of the society or of any branch thereof as if it continues to be such governing body,in relation to any matter,shall be guilty of an offence and shall be liable,on conviction,to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or both
  • (2) Subsection(1) does not apply to an appeal by an unlawful society under section 18,or to any proceedings in any court in respect of any matter involving such society,or any person who was its office-bearer,or any body which was its governing body or the governing body of any branch thereof. 

I am not trying to be a legal mind in this instance but of course all arrests now especially in this fluid political scenario will be used by political parties to get the extra mileage.According to PKR Legal advisor and Stampin Division Chairman See Chee How he has only this to say in an interview quoting 5 words,” THERE SHOULD BE SOME SENSITIVITY“.

PRS Batu Lintang Wanita Chief Cilla Balla said,”We Must Respect all Laws” and the message is clear “BUT” THERE SHOULD BE COMMON SENSE IN EXECUTING THEM. We say,Everyone is responsible for their acts and we must know our LAWS well before we even venture cross the dreaded RED LINE. The Government will not come down heavy and discharge the laws if we do not break them……… 

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