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MCCBCHST Press Statement: The Elangesvaran case decision PDF Print E-mail
Tuesday, 08 July 2008 07:28pm

MCCBCHST Press Statement: The Elangesvaran case decisionThe MCCBCHST is saddened to learn that yet again, the body of a person who his family members say is Hindu, is being taken away by the Islamic religious authorities to be buried according to Islamic rites based on a Syariah court order given in the absence of the family.

We are equally saddened that the State governments of Perak and Penang ignored calls to ensure that the Islamic religious authorities seek the directions of the civil courts so as to allow the non Muslim family members of the late B Elangesvaran to be heard before a decision is made on whether or not he professed and practised Islam or Hinduism at the time of his death.

Disheartening also is the attitude of the learned High Court Judge who seems to have meekly obeyed an order made by the Syariah courts despite recent Federal Court pronouncements clearly stating that the Syariah courts have no jurisdiction in any dispute where non Muslims are involved. Instead of disregarding the unconstitutional order of the Syariah court, the High Court has yet again avoided its Constitutional responsibility to ensure that justice is done.

We are also disappointed with the Prime Minister, the Cabinet and the Attorney General. After the fiasco of the “Everest Moorthy” body snatching, we had been promised so many times that legislative reforms will be made to ensure that situations like this will not recur. Yet, nothing has been done. No attempts have been made to make meaningful changes although there has been a lot of talk of reform.

The nation cannot long survive a continuation of these gross injustices. It is rather poignant that it was the Regent of Perak who famously said last year that all of us have a place under the Malaysian sun. For the family of Elangesvaran living in Perak, the words of their Regent rings hollow.

Their right to have their say in Court has been held by the Federal and State governments, the Ipoh High Court, the Ipoh Syariah court and the Islamic religious authorities to be worthless.

Datuk A. Vaithilingam,
MCCBCHST PRESIDENT

08.07.2008

Comments (7)Add Comment
How can MCCBCHST act - to enable the avoidance of such problems?
written by Tan Peek Guat, Wednesday, July 09 2008 10:00 am

Datuk A. Vithilingam, instead of moaning and groaning over the past, as has always been done by MCCBCHST, can you please, as president of MCCBCHST kindly let us know the steps that you and your committee members can suggest that non-Muslims take in order to avoid such problems?

Thank you.

Tan Peek Guat

I doubt Datuk Vithilingam can reply to you, Ms. Tan
written by Alex Tan Ken Seng, Wednesday, July 09 2008 01:28 pm

I doubt the president of MCCBCHST can reply to you, Tan Peek Guat, as he is not a member of the Bar.

But I am curious as to how you arrived at the conclusion that he was "moaning and groaning".

Yours,
Alex Tan Ken Seng

More than moan and groan
written by Shanmuga Kanesalingam, Wednesday, July 09 2008 05:14 pm

Disclosure: I am in the legal advisory team to the MCCBCHST. However, what follows is my own personal view:-

The point about the MCCBCHST moaning and groaning is a point well taken. The accusation has often been levelled that the MCCBCHST firefights, acting after the event.

However, in October 2005 the MCCBCHST submitted a memorandum containing constructive suggestions for reform which they believed would alleviate most of these problems. As there was no meaningful response, this Memorandum was made public through their Note of Protest. All this has been accompanied by many press statements, private meetings and other lobbying efforts.

However, still, nothing meaningful has happened.

Perhaps it would be useful for Ms Tan, and others, to suggest some more creative strategies for the MCCBCHST to pursue. I shall be happy to forward these suggestions to them.

Shanmuga Kanesalingam

SHARING THE CONCERNS OF MCCBCHST
written by Tan Peek Guat, Wednesday, July 09 2008 10:48 pm

Hi friends,

Praise God for the enlightenment granted upon me that as President of MCCBCHST, the person was indeed 'groaning and moaning' over the state of affairs pertaining to the matters published.

Being a 'faithful child of God' as he ought to be, and as he seems to be, we certainly cannot assume the President of MCCBCHST to be a hypocrite at all. Not being a hypocrite, therefore, we ought to realise that he had put in sincere efforts to resolve the problems encountered by the aggrieved and struggling families which he had represented. We therefore, appreciate all his efforts. However, even as he himself is disappointed by his own attempts in his endeavours, we certainly can conclude that the MCCBCHST is indeed 'moaning and groaning'.

Hi, Alex Tan Ken Seng, I hope the above answers your question as to how I had concluded that the President was 'moaning and groaning'.

Further I hope you have also read the reply given by Ms Shanmuga Kanesalingam - which reply, to me, is as good as a response from "MCCBCHST" because Ms Shanmuga Kanesalingam is in 'the legal advisory team to the MCCBCHST' - even though she had said that what she had written was her personal view. In fact, it is the view of someone in the know - of matters handled by the MCCBCHST.

Thank you, Ms Shamuga Kanesalingam for your reply.

Therefore, as I see it, the only way to circumvent the problems encountered is through 'foresight' and 'forethought' - to be initiated by the President of MCCBCHST and his committee members, instead of their dwelling in 'hindsight' and 'afterthoughts'.

For us to share the problems encountered, surely many of us who are non-muslims can contribute our suggestions - if and when requested by MCCBCHST. Also, as a form of respect, we can also get our Church leaders and elders to contribute their ideas as well. However, before that, it will be good for us to be enlightened by Ms Shamuga Kanesalingam about the details in the "memorandum containing constructive suggestions for reform" which had been submitted by the MCCBCHST in October 2005 - since that had been quite some time ago, and much has developed since then.

Thank you.

Tan Peek Guat

Simple Shan dear....
written by Siti Zabedah Kasim, Thursday, July 10 2008 02:24 am

Tell the current government, if they want to continue to stay on power, they have to stop these over zealous actions by the religious authorities.. Otherwise, they are digging their own grave, politically, I mean... (I don't want to be misunderstood here ..., otherwise, the story of Altantuya will arise again.. ) smilies/grin.gif
You know.... from "belasah her" became "blast her"... dangerous world we are living in now...

Sorry for missing hyperlink
written by Shanmuga Kanesalingam, Thursday, July 10 2008 12:42 pm

I do apologize for not including the link to the Note of Protest / Memorandum.

It can, inter alia, be downloaded here: http://www.ccmalaysia.org/news...cbchst.htm

It seems the votes did not change the problems since the religious authorities who went unilaterally to the Syariah Courts in this case are ultimately answerable to the newly formed Pakatan Rakyat State governments of Penang and Perak!

And Ms Tan: much as I try to keep in touch with my feminie side, I'm afraid I am merely a "Mister" smilies/wink.gif

Definitely only airing my personal views now,
Shanmuga Kanesalingam

Sorry, Mister.
written by Tan Peek Guat, Thursday, July 10 2008 05:37 pm

Mr Shamuga Kanesalingam, I apologise for the wrong address pertaining to your gender.

The error would have been avoided if you had included "A/L" or "S/O" in your name. As for Chinese names, we do not provide any clue at all - all through the generations. So, I had also been addressed as "Mr" before!

Thank you.

Tan Peek Guat


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