I refer to the statement from the former Court of Appeal judge Mohd. Noor Abdullah on April 15, 2014 ( MIC flays ex-judge for 'racist' comment on idols ) saying that sculptures of non-Muslim deities should not be built in the open, but should be placed within an enclosed building instead (referring to the Batu Caves Lord Murugan and Penang Kuan Yin statues)

According to the federal constitution of Malaysia, Article 11 states that:

Though Islam is the religion of the federation, Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territory, federal law may control or restrict the propagation of any religion, doctrine or belief among persons professing the Muslim religion.

There is, however, freedom to carry on missionary work among non-Muslims

The former judge ought to know the significance of the Article 11 in the federal constitution of Malaysia with regards to the seditious statement given by him to the press mentioned above.

This clearly restricts the religious freedom of the non-Muslims born in Malaysia like me who were out rightly offended by the statement given by this former judge.

Is this the 1Malaysia concept propagated by our PM Najib Razak?

Article 11 interpretation by large should be the meant for racial harmony in Malaysia. At the time of drafting the federal constitution during the independent Malaya formative days in London by our first PM, Tunku Abdul Rahman saw the necessity when Malaya was at the crossroads of ethnic polarity of which threatens the very existence of the alliance of that time.

Furthermore recall what was being recommended in the Reid Commission Report prior to the final drafting of our federal constitution;

And we recommend (Art. 11) that freedom of religion should be guaranteed to every person including the right to profess, practice and propagate his religion subject to the requirement of public order, health and morality, and that, subject also to these requirements, each religious group should have the right to manage its own affairs, to maintain religious or charitable institutions including schools, and to hold property for these purposes (Art. 12).

Therefore, I think as a senior retired judge giving comments like this is uncalled for as it hampers the effort of racial integration in our country - in a challenging times where we can witness religious bigots are running amok spewing ethnic-related hatred amongst us almost in the every nook and corner of our country, it is in good faith that Mohd. Noor Abdullah should apologise for his statements and retract it.

In law, interpretation and understanding is extremely wide. It depends on the individuals. Thus, I have interpreted Article 11 to counter the remarks by the former Court of Appeal Judge regarding his myopic view on how the sizes of statues will diminish the faith of the Muslims in Malaysia and become a threat to their beliefs.