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Tuesday, February 4, 2014

Putrajaya’s hollow call for calm – Ravinder Singh


Putrajaya’s call for calm after the church firebombing in Penang rings hollow. It also sounds hypocritical as persons threatening another May 13 and asking for bibles to be burnt are walking free as the law cannot touch them from what we see.    
This firebombing did not happen spontaneously and without any warning. Umno and its lackeys have been going around asking whether people want another May 13. They are going around preaching hatred over the “Allah” issue, an action derogatory to Islam itself as the Prophet preached living in peace and harmony with people of all faiths and beliefs. Even a state mufti called for the blood of those protesting the upward spiral of prices of daily necessities.  All this has been happening for months and months with total impunity, as if Malaysia is a lawless country.   
Mahathir says this is due to a weak government as a result of the BN losing its two-thirds majority. In a cynical way this is true because the president of Umno himself declared that it will defend Putrajaya even with broken bones and crushed bodies. The tacitly approved fear and violence mongering on the pretext that Malay and Muslin sensitivities have been trampled upon is part of that strategy to regain the two-thirds majority which it thought was like the unsinkable titanic. It had the “independent” Election Commission to see to it. 
Home minister Zahid, instead of calling for calm, should tell us whether he has suspended the operation of Chapter 15 of the Penal Code. If not, why have the police not taken action against any of the Malay Muslims who have violated the letter and spirit of this chapter? If a suspension order was gazetted, when and why was that done?
For the benefit of readers, I reproduce below the relevant sections of this chapter.
Sec. 298 Uttering words, etc., with deliberate intent to wound the religious feelings of any person.
Whoever, with deliberate intention of wounding the religious feelings of any person, utters any words or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Sec. 298A Causing disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion.
(1) Whoever by words, either spoken or written, or by signs, or  by visible representations, or  by any act, activity or conduct, or by organising, promoting or arranging, or assisting in organising, promoting or arranging, any activity, or otherwise in any manner –
(a) causes, or attempts to cause, or is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill-will; or
(b) prejudices, or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity,
on grounds of religion, between persons or groups of persons professing the same or different religions, shall be punished with imprisonment for a term of not less than two years and not more than five years.
(2) Sections 173A and 294 of the Criminal Procedure Code (CPC) shall not apply in respect of an offence under subsection (1).
Sec. 173 of the CPC is on “power to discharge conditionally or unconditionally.[The court has no discretion in the case of an offence under Sec. 298A(1) of the Penal Code. This in turn means the court must impose the sentence stipulated in section 298A(1).]
Sec. 294 of the CPC is on “First offenders”. [The court again has no discretion to excuse even first offenders who breach Sec. 298A(1) of the Penal Code] 
Zahid the Home Minister should explain why the Penal Code is not being thrown at the Malay Muslims who have called for the burning of bibles (the law does not say the act must be done before it is an offence. The mere utterance of the threat is an offence). 
Why are the Malay Muslims who march carrying placards asking whether people want another May 13 not committing any offence under the Penal Code?
If Zahid does not follow-up his call for people to be calm with the arresting and charging of the Malay Muslims who have by their words and actions breached the Penal Code, then he should not blame anyone if they feel that the calls from Putrajaya are hypocritical.
The Penal Code does not give any exemption to anyone. All are treated equal by the book, so why do we not see the book being brown at certain people? Who has exempted them from the law?
Has the loss of BN’s two-thirds majority impaired the law enforcement agencies? How and why? Perhaps Dr Mahathir would like to throw some light on this.
*Ravinder Singh reads The Malaysian Insider.

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