Persatuan Hindraf Malaysia has accused Minister in the Prime Minister's Department Jamil Khir Baharom of acting irresponsibly in declaring that Malaysia is not a secular state.

"He seem to be fanning ideas and encouraging Islamic NGOs and bodies which are already bulldozing into the lives of non-Muslims in Malaysia with impunity and total disregard to the supreme law of the nation," said PHM chairperson P Waythamoorthy in a press statement.

Urging Jamil to read pre-independence documents before making such statements, he said Hindraf believes the minister is either "ill-informed, ignorant or deliberately chose to ignore history" in denying that Malaysia is a secular state.

"In the pre-independence discussions, the Malay rulers clearly stated that they do not wish to make Malaya an Islamic state but want to ensure that the Muslim religion is the religion of the federation in ceremonial matters," he added.

Waythamoorthy ( left ) also quoted paragraph 57 of the White paper on the Federation of Malaya 1957, which read: "Proposed Federal Constitution with a declaration that Islam is the religion of the Federation. This will no way affect the present and future position of a the federation as a secular state."

He pointed out that the then prime minister Tunku Abdul Rahman echoed the sentiment, when the latter said: "I would like to make it clear that this country is not an Islamic state as it is generally understood that we merely provide Islam shall be the official religion of the state (Hansard, May 1, 1958)."

The PHM leader said the blatant disregard on the secular position of the nation and creation of double standards are attributable to the silence or avoidance of the Federal Court to ascertain its own position as one of the pillars of democracy without fear or favor to uphold the truth.  

"It is critical that at this juncture of our nation's legal and political history that the original covenants of our federal constitution and desire of the forefathers are upheld to continue the spirit that it was built on and created without being further imperiled by ideological and extremism, be it race or religion or haphazard politicians," he added. 

Minister must retract statement, says MCA

In a separate statement, MCA Youth Legal Bureau chairperson Choo Wei Sern called upon Jamil Khir to retract his statement, which is “ inaccurate, incorrect and flawed”.

Choo said Jamil Khir’s statement contradicted the consensus reached by the Alliance, “the predecessor to BN” under the chairmanship of Tunku Abdul Rahman and which was adopted by the Reid Commission’s Report in February 1957.

The Alliance Memorandum had stated that while the religion of Malaysia shall be Islam, it “shall not impose any disability on non-Muslim nationals professing and practising their own religion, and shall not imply that the State is not a secular State”.

MCA also cited the Supreme Court in the case of Che Omar bin Che  Soh v Public Prosecutor [1988] in which then Lord President Tun Salleh Abas ( right ) had stated: ““… we have to set aside our personal feelings because the law in this country is still what it is today, secular law, where morality not accepted by the law is not enjoying the status of law.”

Hence, Choo said that Jamil Khir and other MPs must “uphold this basic structure and the fundamental pillar of the federal constitution”.

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