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Friday, October 18, 2019

Zakir Naik sues Ramasamy for defamation


Penang Deputy Chief Minister II P Ramasamy has become the first Malaysian politician to be sued for defamation by controversial Muslim preacher Dr Zakir Naik.
Zakir, through law firm Messrs Akberdin & Co, filed the writ of summons at the Kuala Lumpur High Court Registry on Wednesday (Oct 16).
When contacted, his counsel Akberdin Abdul Kader confirmed that copies of the cause papers were served on Ramasamy this morning.

Akberdin added that more lawsuits can be expected next week against Human Resources Minister M Kulasegaran, Klang MP Charles Santiago, Bagan Dalam assemblyperson Satees Muniandy, and former ambassador Dennis J Ignatius.
On Aug 19, Zakir Naik through his legal counsel had issued letters of demand to Ramasamy, Santiago, Muniandy and Ignatius, calling on them to apologise and offer a reasonable sum in settlement within 48 hours or risk being sued for defamation.
Earlier in August, Zakir’s lawyers had also issued a letter of demand to Human Resources Minister M Kulasegaran in relation to an allegedly defamatory statement made by the Muslim preacher at a speech in Kelantan.
According to a copy of the statement of claim, Zakir is suing over Ramasamy’s four alleged defamatory statements issued on April 10, 2016; Oct 1, 2017; Aug 11, 2019; and Aug 20, 2019.
P Ramasamy
In relation to the first purportedly defamatory statement made on April 10, 2016, Ramasamy was alleged to have defamed Zakir through the defendant’s Facebook posting.
The second purportedly defamatory statement was issued on Oct 1, 2017, through the article “Is Malaysia harbouring alleged fugitive Zakir Naik?”, which was published by online news portal Free Malaysia Today (FMT).
The third allegedly defamatory statement was made on Aug 11 this year through the article “Naik should not question loyalty of Hindus in Malaysia”, which was also carried by FMT.
Ramasamy was also alleged to have defamed Zakir through a video interview which the defendant gave to India-based media platform India Today on Aug 20 this year.
Zakir claimed that Ramasamy’s four statements were actuated by malice, hatred, envy, spite.
He added that Ramasamy had failed to seek verification from him, and that the deputy chief minister had imputed that the Muslim preacher from India was a person of bad character and posed a threat to the national security, peace and harmony of Malaysia.
The plaintiff alleged that the statements were unfounded, untrue, fabricated, spurious, entirely fictitious, and had been twisted and slanted to fulfil the defendant’s alleged agenda.
Zakir claimed the statements were made with the purpose of inciting public hatred, ill-will and contempt against him.
He also claimed the statements were meant to help Ramasamy seek cheap publicity, mileage and adulation, and to expose the plaintiff to physical, mental, emotional and psychological harm.
“By publishing the said defamatory statements, the defendant had also incited, ignited or provoked racial, religious or ethnic sensitivities among Malaysians in general.
“The defendant wrongly quoted the plaintiff out of context given that in truth, the plaintiff had actually praised Malaysia for being honourable and virtuous in treating and upholding the rights of the minorities (including but not limited to those of the Hindu faith), in keeping with Islamic principles, something the Indian government had failed to do with its minorities.
“The defendant had deliberately quoted the plaintiff out of context with a view of maligning the plaintiff for, inter alia, political purposes,” read the statement of claim dated Oct 16.
Zakir also claimed that Ramasamy harboured ill intentions against him and that the latter had allegedly intended to disrupt communal harmony by defaming the “famous Muslim religious personality”.
The preacher is seeking a mandatory injunction to compel Ramasamy to remove all defamatory statements from social media and the Internet.
He is also seeking a permanent injunction to prevent the defendant from publishing, distributing and uploading any defamatory statements on any medium.
Additionally, he wants an apology from Ramasamy to be published within seven from the date of judgment on the defendant’s Facebook page, as well as various Malaysian dailies and news portals.
The plaintiff seeks general, compensatory, aggravated and exemplary damages, as well as five percent interest on the damages awarded and calculated from the date of filing the suit to full payment is settled, cost, and any other relief deemed fit by the court.
On Aug 22, Prime Minister Dr Mahathir Mohamad said that Zakir would remain in Malaysia at the moment, despite clamours from multiple quarters from within Pakatan Harapan for the Muslim preacher’s deportation.
Earlier on Aug 18, Mahathir was reported saying that Zakir’s religious speech in regards to Chinese and Hindu Malaysians had ventured into “racial politics”. - Mkini

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