Today is the deadline for Attorney-General Abdul Gani Patail to justify why not a single charge has been filed for destroying Hindu temples despite numerous police reports lodged since early this year.

Failing this, the Hindu Rights Action Force (Hindraf), which gave him a seven-day ultimatum for an explanation, plans to file a suit against the AG for violating provisions in the Federal Constitution and the Criminal Procedure Code.

In a letter to him which was duly acknowledged on June 29, Hindraf chairperson P Waytha Moorthy insisted that the AG's inaction had emboldened local authority enforcers and the police in demolishing more temples.

He said as the AG, he has the constitutional duty to "institute any criminal proceedings against any subject who had committed a crime".

"We now write in a final attempt to urge your good office to exercise all powers conferred exclusively upon you under Article 145 and section 376 of the Criminal Procedure Code (CPC).

"If action is not taken within seven days...we are left with no alternative but to initiate legal proceedings against you to compel you to act and/or obtain a court declaration that you have failed in your duty to protect and uphold the constitution and the CPC, and for acting contrary to those powers."

Abdul Gani was unavailable for comment.

Since February, more than 50 police reports have been lodged against the mayor and enforcement officers of Kuala Lumpur City Hall (DBKL) and Shah Alam City Council, and police personnel assisting the demolition exercises.

No response

Hindraf had also previously written to the AG (dated April 21) and to Prime Minister Abdullah Ahmad Badawi (April 25) seeking urgent action and intervention following a spate of temple demolitions.

On May 11, it sent Abdullah a memorandum on the 'Indiscriminate and Unlawful Hindu Temple Demolishment' which was copied to Abdul Gani, but neither has responded.

Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz, upon receiving the memorandum, promised to raise the matter with Abdullah.

"We regret that our letter urging you to intervene and initiate criminal action against the perpetrators was ignored. Why?" he said in the latest letter sent to the AG last week.

He said more temples would have been spared if immediate action had been taken following the complaints from Hindu devotees of previously-demolished places of worship.

Contacted, Mohd Nazri said he has not heard from the AG on this matter which has yet to be discussed by the Cabinet.

Alleged collusion

Detailing the most recent demolitions, the letter asked Abdul Gani to explain the alleged man-handling of devotees and others by enforcers.

"These atrocities and acrimony have been consistently brought to your attention in particular over the past four months."

He noted that the unlawful 'cleansing' of pre-Merdeka Hindu temples by state and local authorities had "primarily gone unnoticed" in the last 15 years.

"(This) is due to the fact that the caretakers of these temples are mainly down-trodden, poor, uneducated, ignorant and defenseless class of the ethnic Indian community."

Waytha Moorthy also hinted at a possible collusion between government agencies and property developers, both of whom he said appeared to take "aggressive attempts" to do away with Hindu temples.

"We believe there is an element of corruption (between) top-level government officials and the police, and as guardian of the constitution, wouldn't you be suspicious of (possible) misdeeds?"

He said the Malaysian public was no longer "ignorant nor innocent to believe the official version as has always been portrayed by the police and the government-controlled media".

Last month, DBKL gave its assurance that no Hindu temples will be relocated or demolished before consulting a newly-formed committee backed by the MIC.

But Hindraf wants specific new laws recognising the significance of Hindu temples in Malaysia and affording them adequate protection against encroaching development.