It is a pity that the right of return of Chin Peng and some former members of the Communist Party of Malaya (MCP) is now being sought through the courts. I believe having to resort to the courts is a pity.

This is because seeking legal redress is not in keeping with the overall scenario of the peace treaty in Malaysian history. My book - the tentative title of which is The Finest Hour: The Malaysian-MCP Peace Agreement - encapsulates the recognition by the Malaysian government of the contributions made by different Malaysian groups in the anti-colonial nationalist struggle.

The focus is on the shared suffering these groups had to endure to achieve political independence. It was a 'peoples' war' as much as a colonial government war. This struggle for political independence was an integrating rather than a divisive factor in the context of national unity.

Because each of the main communities were directly or indirectly involved in the independence struggle, on the basis of ethnic and racial identity, it is important to focus on the situation of each group separately.

I should only wish to mention three points that may have relevance to this discussion.

1. It has now been established that the Malaysian government recognises that the granting of political independence to Malaya was hastened because the MCP adopted the strategy of an armed struggle against the British colonial government.

2. Regarding certain 'atrocities' committed by the MCP, it might be useful to mention that because of the decentralised organisational structure of the MCP then, some of the worst 'atrocities' were committed by 'local units' without the authorisation of the central committee of the MCP.

In particular, the Sungei Siput murders (that resulted in the declaration of the Emergency in the first place) and especially the murder of Henry Gurney were both unplanned incidents.

Finally, and perhaps most importantly, it needs to be emphasised that historically speaking, it was the Malay rakyat and not the Malayan Communist Party that first resisted British colonial rule and continued to do so in certain states through armed resistance.

In at least in once instance, namely that of the Kelantan uprising of 1915, the rakyat actually declared a 'liberated area' for sometime.

It should therefore not come as a surprise that there is documentation to show that the British government did not enjoy an uninterrupted period of peace for more than six months in Malaya prior to World War Two.

Therefore, in saying that it is a pity the implementation of the right of return is now being brought to the attention of the courts, it seems that by so doing, we may be forgetting the understanding, promises and above all, the goodwill, shown by many 'unsung heroes' among Malaysians at all levels of society that led to the signing of the final Peace Agreement.