Saturday, April 23, 2011

Three (two sickly) Indian youths 20,20 and 21 racially profiled detained for 7 days arising from mere civil accident case by racist UMNO Polis Raja Di Malay-sia. Tip of the iceberg of victimization of Indian youths. Letter to A.G.

http://www.humanrightspartymalaysia.com/wp-content/uploads/2011/04/urlpolice.pngVinodkumar (20) is suffering from asthma since one year old and Vijayakumar is suffering from fits and has even fallen down when riding his motorcycle. Saravanan is a total bystander who met up with Vinodkumar and Vijayakumar way after the said accident. After which Vinodkumar and Vijayakumar who sustained injuries and their motorcycle was damaged on being knocked down by Sheikh Ahmad Ali. The boys as is usually practiced had negotiated a payment to settle this matter. But Sheikh Ahmad Ali had lodged a police report which was with such haste termed “Kes Samun” (Robbery) by the racist UMNO police. Despite Sheikh Ahmad Ali within hours lodging a police report withdrawing his complaint the police still refuse to release them and have remanded them for seven (7) days – for a mere civil case.

If it was a Malay, Chinese, Orang Asli, Kadazan or Iban the racist Polis Raja Di Malaysia would treat it as a civil case and/or “Refer to Magistrate” and close the case. But when it is Indian youths a civil case automatically becomes a very serious “kes samun” and Robbery etc.

All this possible in 1 Malay-sia 1 Bumi and 1 Melayu

Every day hundreds of innocent Indian youths nationwide are being racially profiled and targeted for victimization by the racist UMNO Attorney General Tan Sri Gani Patail and Polis Raja Di Malay-sia and aided and abetted by their nasty Indian police mandores.

Imagine the misery, heart ache and heart sick their mothers, wives and family have to go through. And not being able to afford a lawyer and bail tens of thousands of these innocent Indian youths languish in jails and prisons. And when they come out of prison, they become the real criminals having learnt the “trade” from the real and hardcore prisoners in jail. And only to serve longer jail sentences thereafter if not shot dead by the racist Polis Raja Di Malaysia.

See our letter to the Attorney General hereinbelow for full details.

Karunai Nithi @ Compassionate Justice.


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KUMAR HASHIMAH & CO
 No 6(A), Jalan Abdullah,
PEGUAMBELA & PEGUAMCARA Jalan Bangsar,
ADVOCATES & SOLICITORS
59000 Kuala Lumpur.

Tel : 03-2282 562 Fax : 03-2282 5245

P. UTHAYAKUMAR. LL.B, CLP.

Office Hours : Mon. – Fri. 9.00 a.m. to 6.00 p.m.
Sat. & Sunday – Closed

Date : 22 April 2011
Our Reference:
Your Reference:
Tan Sri Abdul Gani Patail
Attorney General of Malaysia,
Attorney General’s Chambers                                     By Fax : 03-88905670
No. 45, Persiaran Perdana
Presint 4,
62100  Putrajaya
Dear Sirs, 
Re: Unfair Seven (7) day Remand of three sickly Indian youths arising from a were civil matter Road Traffic Accident and especially so when complainant has withdrawn the complaint via a police report.
We act for Vinodkumar a/l Nagendran (NRIC- 910509-14-6575), Saravanan a/l Rajadran (NRIC-900526-08-6229) and Vijayakumar a/l Rajadran( NRIC-910509-08-5549) of No. 3-1, Jalan 8C/6, Taman Setapak Indah, 53000 Kuala Lumpur.
With reference to the above mentioned matter, our clients had been arrested by police personnel from Setapak Police Station (L/KPL 147672 and 158586) at about 12.30 am on 19/4/2011 acting on a Police Report (Stp/4944/11) made against them.
Following are the brief facts of their arrest:
a) On the midnight of 18/4/2004 our clients namely Mr. Vinodkumar and Saravanan were riding their motorcycle along Jalan Air Panas, Setapak.
b) Their motorcycle was knocked down by a car driven by the Complainant Sheikh Ahmad Ali.
c) As a result of this collision Mr. Vinodkumar had injured his hand and damage was also caused to his motorcycle.
d) Our clients as is the practice and with the view to an amicable settlement asked for monetary compensation from the complainant who had voluntarily agreed to the same
e) The complainant had informed our clients that he needed to withdraw money from a nearby ATM Machine and in return handed over his hand phone voluntarily to our clients before leaving to the bank.
f) However our clients believe the complainant had gone to the Setapak Police Station and lodged a false report against our clients alleging that he has been robbed by our clients.
g) Then the Police arrived at the Air Biru Field at Air Panas, Setapak Kuala Lumpur and arrested our clients together one with Mr.Vijaykumar who happened to with Vinodkumar & Saravanan at that time but is not connected to the case at all. Why is this so?
However, the complainant had on the very same day on 19/4/2011 withdrawn the police report lodged against our clients and wanted this civil matter to be settled outside court via his police Report dated 19/4/2011. A copy of the Police Report is enclosed herewith for your reference.
Despite the fact that the complainant had withdraw the false report made against our clients and clearly having identified that Mr.Vijayakumar is not connected in this case at all but all three of them are as of date still being unfairly detained .
Our clients have been denied their right to a phone call and their parents have been denied the right to meet their children despite the fact that Mr. Vinodkumar is an asthmatic patient since one years old and Mr. Vijaykumar is suffering from fits since 12 years of age and need proper medication. We had advised our clients’ parents to lodge a police report to ensure the safety of our clients. A copy of their Police Reports are enclosed herewith for your reference.
We have made some twenty or so phone calls to the police headquarters in Bukit Aman, SIO, I.O and the Jinjang Police Station but as usual to no avail.
Therefore with all due respect to your goodselves, we humbly request the release of all our clients forthwith and in any event by 5.00 p.m today (22/4/2011). And if there is evidence of a crime they can always be prosecuted thereafter. This is especially so because the complainant has already voluntarily withdrawn his police report and wants this civil matter to be settled outside Court. Our clients have been already detained for four days of police investigations and it is not fair to detain them for another three days until Monday and/ or anytime thereafter.
Kindly revert to us accordingly.
Thank you.
Yours faithfully,
_________________________
CC
1. Dato’ Tun Abdul Majid Tun Hamzah
Head of Prosecution Attorney General Chambers
No. 45, Persiaran Perdana Fax: 03-88905624
Presint 4  62100  Putrajaya Email: tam@agc.gov.my
2. Head of Prosecution
Jabatan Peguam Negara ,Cawangan Wilayah Persekutuan,
Tingkat 17 bangunan Bank Rakyat
Jalan Tangsi 50512 Kuala Lumpur
Fax: 03-26934309
3. ACP Zakaria Bin Pagan
Officer In Charge Of Police District(OCPD) IPD Sentul,
Jalan Jinjang Utara, 52000 Kuala Lumpur