COMMENT | Fair law enforcement will end race, religious issues

COMMENT | In 1971, Utusan Melayu and its then-editor-in-chief, Melan Abdullah, were convicted under the Sedition Act for publishing a report with the editorial subheading, “Abolish Chinese and Tamil Schools in this country.”

Both were convicted and fined. They appealed. The conviction and sentence against Melan were set aside but were upheld in the case of the newspaper.

In 1983, Mark Koding, then the Kinabalu MP, was convicted for calling for the closure of Chinese and Tamil schools and the abolition of the use of the two languages on signboards.

Thereafter, there were calls from so-called champions of race and religion, overtly and covertly calling for an end to vernacular schools.

After more than 45 years, the issue resurfaced in some quarters, perhaps encouraged by a change in government or indifference due to political expediency.

It reached a crescendo of sorts when a group of Malay-Muslim NGOs went to the courts to question the legality of such schools.

The High Court dismissed the application, and in an appeal to the Court of Appeal, held that vernacular schools in Malaysia are constitutional.

The Islamic Education Development Council (Mappim), Confederation of Malaysian Writers Association (Gapena) and Ikatan Muslimin Malaysia (Isma) had appealed against the 2021 dismissal of their challenge on the constitutionality of vernacular schools made by the High Court in Kuala Lumpur.

Another group, Ikatan Guru-Guru Muslim Malaysia (I-Guru), had appealed against a similar but separate dismissal by another High Court in Kota Bharu in 2022 of its challenge against the constitutionality of vernacular schools.

All four NGOs failed in their bid to overturn the two High Court decisions, which had ruled that vernacular schools were constitutional.

Ridiculous claims

Despite the ruling and the increasing number of non-Chinese sending their children to Chinese schools, there have been sporadic claims, including one ridiculous and outlandish one by an academic, that such schools cause disunity.

Like many other cases, a file was opened by the police and investigated, but no action was taken.

Therefore, when the National Unity Ministry submitted a report to the MCMC regarding an inflammatory social media post, I concluded it was an exhibition of sorts.

As if Rip Van Winkle had woken up from a long siesta, did the ministry suddenly realise the existence of such posts?

What about the hundreds of other offensive posts that are still on social media? Or has it accepted that there is a dual system where entitlement rules supreme?

Is the ministry and the minister Aaron Ago Dagang aware that many such reports have been classified as “NFA” (No Further Action)? Even efforts to bring private prosecution failed.

Minister, please remember

To remind the minister, last month, 894 police reports were made against preacher Zamri Vinoth, who in a Facebook post that was removed by the platform but later re-uploaded, had likened kavadi bearers during the Hindu Thaipusam festival to individuals who are possessed and intoxicated.

Yes, Zamri was subsequently detained by the police, not for this post, but for Facebook posts regarding the relocation of the Dewi Sri Pathrakaliamman temple in Kuala Lumpur.

Inspector-General of Police Razarudin Husain said the investigation paper is still with the Attorney-General’s Chambers (AGC).

But the posts on the kavadi bearers have not progressed.

Shouldn’t the ministry ask about the progress on the 894 reports? Have they been conveniently filed as NFA?

The failure and selective enforcement have drawn hordes of people out of their cocoons to add their voices of hate.

The ministry should not claim to be the manna from heaven or the saviour of racial unity by just referring a single case to the MCMC.

Many breaches

Before I started this column, I spent an hour on social media posts. Dozens breach the standards and the response to such posts is equally demeaning.

Section 233 of the Communications and Multimedia Act is all-encompassing. Specifically, it prohibits the use of network facilities to transmit communications that are deemed offensive or likely to annoy, including obscene, indecent, false, menacing, or otherwise offensive comments, requests, suggestions, or other communications.

Why has the book not been thrown at all the perpetrators?

Home Minister Saifuddin Nasution Ismail provided the answers last month: “If Putrajaya is strict in enforcing laws involving the “3R” issues of religion, race, and royal institution, leaders from PAS would make up most of those implicated.

“I can confirm that if action were taken based on existing laws, many of (PAS secretary-general) Takiyuddin Hassan’s colleagues would be affected,” Sinar Harian quoted him as saying.

“If I or the police were to enforce provisions under the Penal Code, the Communications and Multimedia Act, or other laws, they would be among the most frequently penalised,” he added.

Simple conclusion: There is a permanent fix to all this - apply the law equally and fairly without exception.

R NADESWARAN is a veteran journalist who tries to live up to the ethos of civil rights leader John Lewis: “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.” Comments: citizen.nades22@gmail.com

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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