This morning (3/4/2012) the Home Minister Dato Seri Hishamuddin Tun Hussein vide his letter dated 23/3/2012 had rejected the registration of Hindraf’s political wing the Human Rights Party (HRP) as a political party.
This reply has been made further to the decision of the Kuala Lumpur High Court Judge Y.A. Dato’ Rohana binti Yusof dated 21/2/2012 granting an Order of Mandamus directing the Home Minister to reply to HRPs’ letter demanding registration dated 19/8/2011 within fourteen (14) days from the date of service of the Sealed Order thereto. Although the sealed Order was duly served on the Attorney General’s Chambers on 14/4/2012 the Home Minister defied with impunity the said Court Order and only replied to us one week late.
In his said letter dated 23/3/2012, the Minister had agreed with the decision of the Registrar of Societies in rejecting HRPs’ registration on two grounds namely that:-
1)The application is not in order (Note: We had in our appeal letter to the Minister dated 19/8/2011 stated that the Registrar of Societies had refused to state what was not in order for us to make the necessary corrections (if any).
2) Failed to provide the Constitution of the party which satisfies the requirements of the Registrar of Societies (Note: This is despite we having pointed out to the Minister also vide our said letter dated 19/8/2011 that 99% of the HRP Constitution had effectively adopted the DAPs’ Constitution with about the only difference being the name, address, party logo, office bearers etc.
'Historic' decision
This is a ‘historic’ decision in 1 Malay-sia’s Constitutional right to Freedom of Association as HRP is the 1st political party in 1 Malay-sia that has ever been rejected. (Note: PSM was never rejected but approved and restricted to the state of Selangor).
This mala-fide decision by the UMNO led government is politically motivated with the view to stop Hindraf and HRP from continuing to champion for the equal rights, equal opportunities and a place under the Malaysian sun also especially for the Indian poor and to stop HRP from contesting in the imminently impending 13th General Elections.
And also in retaliation against Hindraf for smashing the Tembikai at the doorsteps of Putrajaya on 25/3/12 mocking Prime Minister Najib Razak’s Nambikei’.
Technically HRP has been awaiting registration for 13 years now since we had first applied for the registration of Parti Reformasi Insan Malaysia (the predecessor of HRP) way back in 2000.
Not giving up
Be that as it may Hindraf and HRP will continue to operate in their pro tem capacities by virtue of Article 10 of the Federal Constitution which guarantees Freedom of Association.
We would within 40 days from the date hereof yet again be filing for Application for Judicial Review for the third time in less than one year at the Kuala Lumpur High Court not so much in the believe that justice will be dispensed by the 1 Malay-sian Judiciary but more as a matter of principle. As it is the record stands that even though 46,871 other NGOs’, with the latest being Tengku Razaleigh Hamzah’s Amanah and 31 other political parties with the latest being Parti Cinta Malaysia having been registered with ease and in a breeze, only Hindraf and HRP has been targeted and singled out for rejection. Why? Fearing the resurgence of Hindraf?
Irrespective of this rejection as long as the genuine grievances of the Indian poor are not seriously addressed, Hindraf will continue to live in the hearts and minds of the Indian poor.
P Uthayakumar is Secretary General (pro tem) of Human Rights Party
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