London based Hindraf leader P Waythamoorthy has recently filed a defamation suit against 10 parties including two DAP leaders, three Tamil dailies, two online news portals and English daily Star.

Two of his former comrades and former ISA detainees V Ganabatirau and K Vasanthakumar were also not spared.

The crux of the legal suit is about the allegations against Waythamoorthy on the misuse of donations received by Hindraf.

hindraff isa detainees 141207 By washing their dirty linen in public with innumerable accusations, Hindraf leaders have only discredited themselves and their noble cause. Their allegations have brought disrepute to their image and will further erode the confidence and trust of the Indian community.

In retaliation, Penang Deputy Chief Minister II P Ramasamy, DAP state rep A Sivanesan as well as Vasanthakumar and Ganabatirau have declared that they are prepared to face Waythamoorthy in court and continued their tirade against him by asking him to reveal how several hundred thousands of ringgit sent to him from donations was spent.

They have also challenged him to return to Kuala Lumpur to face the legal battle and not to hide in London anymore.

The time has come for Waythamoorthy to realise that the Hindraf struggle has now taken different forms and directions and there is no purpose anymore in his continued stay in London.

In 2007, it was seen as a brilliant idea when Waythamoorthy quietly sneaked out of the country to take the Hindraf struggle to an international arena. With the threat of police arrest and possible detention under ISA, it was justified for him to leave the country and there is no doubt that he succeeded in his efforts.

While five of his comrades were suffering in the Kamunting detention camp, Waythamoorthy played a pivotal role internationally by explaining the Hindraf struggle and the unfair detention of the Hindraf leaders to key nations like India, Britain and US and to the various United Nation bodies.

Some of his actions went overboard

His continued struggle outside the country caused some diplomatic headache for the Malaysian government and finally it may not be an overstatement to say that Waythamoorthy’s pressure in the international arena played an indirect role in the early release of the five Hindraf leaders.

hindraf penang split into two factions 040409 waythamoorthy However, it must also be admitted that during his stay in exile, Waythamoorthy went overboard in his actions by urging foreign countries to boycott Malaysia and its products. Such statements did not go down well with many local Indians as they felt that the battle for their rights should be fought here and not harm the fortunes of Malaysia, the country which they have always considered as their motherland.

Having played his role in the Hindraf struggle, two historical events justify the return of Waythamoorthy to Malaysia. One is the 2008 general election itself and the other is the release of the Hindraf leaders from ISA detention.

The results of the 2008 general election proved that Hindraf’s struggle was worthy and justified as the Indian community overwhelmingly denounced Barisan Nasional in favour of the opposition.

The next historical event was the release of the Hindraf leaders from ISA detention. With their release Waythamoorthy’s role and purpose of staying in London was also deemed over and he should have immediately returned to Malaysia.  

Hindraf's struggle sees many twists and turns

Since the release of the five leaders,  Hindraf’s struggle has seen many twists and turns and all the Hindraf leaders through their actions have clearly proven that they have their own political agenda. All of them have taken different directions in the name of struggling for the benefit of the Indian community.

It is also disappointing to see that the five could not even unite among themselves to appear together at a public function since their release, whatever their differences. How are they going to unite the community?

NONE Uthayakumar has gone ahead with a new political party called the Human rights Party while Vasanthakumar has chosen to join PKR.  M Manoharan and Ganabatirau remain consistent in their political stand by being committed to DAP.

K Genghadharan has returned to his legal practice and seems to be leading a quiet life without any political involvement.

RS Thanenthiran, who was not detained under ISA, used his position as the coordinator of Hindraf, negotiated for a political party with the BN government, and became president of the  Malaysian Makkal Sakti Party. Within few months of its formation, the party is now facing a serious leadership crisis.

Although the Hindraf movement and its leaders should be respected and credited for their bravery and sacrifices in fighting for the rights of the Indian community, it must also be pointed out that they eventually through their actions broke the trust and confidence placed upon them by the Indian community.

hindraf british petition rally 251107 t-shirt It has become crystal clear that these Hindraf leaders have their own agenda and political aspirations although they might be sincere and genuine in their struggle for the betterment of the Indian community.

In the given circumstances where is the justification for Waythamoorthy to continue to remain in London claiming to be the 'chairperson' of Hindraf and playing the role of sole crusader for Hindraf?

What happened to the British government case?

There is also no news about the court case against the British government. It must be pointed out that this court case was the primary reason for Indian Malaysians to gather in such large numbers in the streets of Kuala Lumpur on Nov 25, 2007.

Initially it was believed that this case against the British government was one of the reasons why Waythamoorthy is staying in London but now after about two years, the fate of the case is also not known. Some of the donations for Hindraf was also raised in the name of this case against the British government.

In light of fresh allegations, with regards to funds, against Waythamoorthy, it will only create public suspicion against him if he continues to stay in exile in London.

No one can take individual credit and recognition for the huge success of Hindraf’s Nov 25 rally as it was a joint effort. While the ground work laid by Uthayakumar and his team in creating and nurturing the Hindraf spirit prior to the rally should be commended, we must not forget the role played by the Tamil newspapers and online portals and blogs in support of Hindraf's struggle.

On the day of the Hindraf rally, the reports and video clips filed by Malaysiakini gave it international prominence, but now Waythamoorthy has chosen to file legal action against Malaysiakini .

The Tamil media throughout the existence of Hindraf have been supportive of them despite the possibility of action from the Home Ministry. Now, Waythamoorthy is suing the same Tamil media which glorified his activities in the past.

Hindraf's cause is now lost

During the trials and on so many other issues relating to Hindraf, DAP and its leaders always stood behind Hindraf and extended their support.

The role of Karpal Singh and his sons in defending the victims of the Hindraf rally should also be remembered. Lim Kit Siang would always be there at the court trials to give his moral support for the Hindraf leaders. Now two of the DAP leaders are also being sued by Waythamoorthy.

For the Hindraf cause to succeed there were many other well-wishers who donated generously. It is the donations from these well-wishers which have become a subject of contention recently.

hindraf british petition rally 251107 malaysian flags Then there were thousands of Indians who braved police action to gather in the  streets of Kuala Lumpur travelling from as far as Kedah and Johor just to show their presence and support for the Hindraf rally and it is their presence in such large numbers which made the difference.

Since Hindraf's cause is now lost with so many changes having taken place Wathamoorthy should return to continue his struggle from here. All the court battles for his defamation suit can only be carried out in Malaysian soil.

If his actions and struggles are justified and right, there is no doubt the Indian Malaysian community will once again stand by him and support him.

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R Mutharasan is an observer and writer on Malaysian politics and Indian issues. He is the web-master of www.indiantoday.net and has also authored the book "Winning Strategies of Anwar Ibrahim".