Does PMX’s blanket “clean-up” directive mean ‘Na Tuk Kong’ in public space is deemed illegal structure?

 

NON-MUSLIMS are seemingly irked at Prime Minister Datuk Seri Anwar Ibrahim for having ordered local authorities to act on any house of worship that is intentionally built in breach of regulatory requirements.

Viewing the directive as both “lopsided” and “hazy”, many are devastated that such pandering to the right statement is itself an endorsement to the “kuil haram” a.k.a. “illegal temple” struggle advocated by controversial Muslim convert preacher Zamri Vinoth.

Now that Modi Ji (PMX’s Indian counterpart Narendra Modi) has left Malaysia, non-Muslims are concerned that coordinator of the Gerakan Anti Rumah Anutan Haram (GARAH) who was freed yesterday (Feb 9) after serving a two-day remand order will be more embolden than ever to pursue his advocacy.

Ironically, Zamri Vinoth’s release coincided with M. Paramaguru, 49, chairman of the Sri Maha Mariamman Temple in Dengkil which ‘inspired’ the Anti-Illegal Houses of Worship Movement rally charged at the Sepang Magistrate’s Court with criminal trespass.

The security guard pleaded not guilty for allegedly committed entered the land belonging to 70-year-old privier pensioner Suhaili Ahmad without permission. The offence is said to have occurred at 4.45pm on June 19 last year at Jalan Selangor, Dredging, Dengkil.

As rightists called for a prompt demolition of what they deemed as “illegal structure’ while relishing the fact that “finally the rule of law has prevailed”, a learned Malaysiakini subscriber pointed out that “an arrest in these circumstances would be illegal”.

‘PMX is not PM for just Muslims’

This is given that where a person occupies private land without licence or consent, the issue “constitutes civil trespass as opposed to criminal offence”, hence the onus lies on the landowner to invoke due process under civil law to seek eviction or recovery of possession.

“Self-help remedies are not permitted and the involvement of the police to effect removal or arrest is unlawful,” he justified.

“Accordingly, Section 447 of the Penal Code (how the charge against Paramaguru was framed) is not applicable as there is no criminal trespass in the absence of the necessary mens rea or criminal intent.”

Against such grey areas, it is perhaps timely that Lawyers for Liberty (LFL) has urged PMX to retract his directive for local councils to “membersihkan (clean up)” houses of worship built in violation of the law while reminding the latter that he serves all Malaysians, not just Muslims.

The retraction is necessary to prevent the further spread of racial and religious hatred whether by explicit or tacit government endorsement, according to LFL executive director Zaid Malek.

Zaid had even described Anwar’s directive as “dangerous” and “irresponsible,” warning it could open the door to the indiscriminate demolition of Hindu temples.

“A more holistic and respectful approach must be employed when discussing the matters affecting the houses of worship of any religious community in Malaysia,” he countered in a statement.

“This is a disturbing, stunning statement from the PM. Has he considered its consequences?

“What exactly did he mean when he called for the local council to ‘clean up areas not belonging to the temples’? The only conclusion is that he means their eventual demolition as he offers no alternative solution to resolve the issue.”

With so much hatred already been spewed against non-Muslim houses of worship by rightists in the guise of “we’re only upholding the law, not opposing your religion”, it would not be far-fetched to expect this trend to proliferate even further with PMX’s latest endorsement.

So expect “self-appointed intelligence squads” to track down what they deemed as “illegal structures” prior to uploading their findings on social media, probably sans background check or historical details of legality aspect of those “illegal structures”.

Interestingly, one exposé by Facebook group Skuad Bongkar Binaan Haram even zoomed in on one small red Na Tuk Kong (Datuk Gong) shrine by the roadside while identifying the location as “Junction to Bukit Raja Industrial Area. From Shapadu Toll” while claiming the structure “has expanded out of the bushes”.

This eventually triggered calls for “instant demolition” with one presumably local netizen commenting, “Many can be found near Klang & Shah Alam … there’re lots of temples in the parks, especially near abandoned fields … you can easily find them if you’re smart”. 

- focus malaysia