I refer to the police action on 7 November 2011 in hauling up for questioning Datuk Ambiga Sreenivasan, 'Seksualiti Merdeka' organiser Pang Kee Theik, Irene Fernandez and Maria Chin. The police investigation and the police ban on the event are unlawful, unconstitutional, intolerant and a gross abuse of police powers.
It is unfortunate that the police leadership and the Home Ministry have once again failed to act in accordance with the sacrosanct provisions of the Federal Constitution. The Constitution is the highest law of the land, but it is consistently disregarded by the police and UMNO/BN. Article 10(1)(a) guarantees every citizen's right to freedom of speech and expression; this includes the right to express sexual orientation.
The right to freely discuss and impart information or ideas is also implicit in Article 10. Article 8 expresses a fundamental tenet of all civilised and democratic nations, that all persons are equal before the law and entitled to the equal protection of the law.
Discrimination and persecution on grounds of sexual orientation is impermissible and abhorrent.These just,humane and civilising provisions are mirrored in the Universal Declaration of Human Rights, which Malaysia is bound to uphold as a member nation.
The ongoing police investigation is in flagrant breach of the Constitution and is an unlawful exercise in the harassment and intimidation of peaceful citizens carrying out lawful activities.
Cheap shot, Umno-BN
The organisers of 'Seksualiti Merdeka' have committed no crime known to our laws and have harmed no one. The investigation is thus an utter and complete abuse and waste of police resources and taxpayers money.
Taking cheap advantage of this issue, UMNO/BN-aligned individuals and groups have also made scurrilous attacks upon Bersih 2.0 chair Datuk Ambiga Sreenivasan who was to have launched the event. This is clearly a cynical and despicable extension of the ongoing campaign of slander, character-assasination and misinformation against Ambiga and Bersih 2.0.
We note that UMNO/BN continues to rely on police powers and coercion when faced by legitimate dissent and differences, thus impeding and retarding our national discourse. We call upon the Home Minister and the Inspector General of Police to:
i) immediately cease all police investigations and harassment against Seksualiti Merdeka organiser Pang Kee Theik, Datuk Ambiga Sreenivasan, Irene Fernandez and Maria Chin;
ii) lift the unlawful ban imposed on the event.
N Surendran is the vice president of Parti Keadilian Rakyat
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