Justice was done to the former Lord President Salleh Abas and two of his fellow judges after their unceremonious sacking by the then Prime Minister Dr Mahathir Mohamad in 1988.

However, till this day, justice has been denied to the victims of the Kampung Medan attacks, who suffered physical injuries in 2001.

Seven victims of the Kampung Medan incident who suffered serious physical injuries sought redress for their sufferings from the court as the government had not in any way helped them, the victims’ lawyer and MP for Teluk Intan, M Manogaran, said yesterday.

“The relentless struggle for justice of the Kampung Medan victims appears to be equally matched by the stubborn denial of the judiciary in granting them justice,” Manogaran (left) told a press conference in Kuala Lumpur.

The seven victims – Suresh a/l Radhakrishnan, Ambalakan a/l Aynan, Anbarasan a/l Velappam, Janakan Pillai a/l Bala, Tamil Selbam a/l Palaniandy, Subramaniam a/l Vythilingam and Muniandy a/l Vellay – had filed a suit against the then Petaling Jaya district police chief Sheikh Mustafa Sheikh Ahmad, then Selangor police chief Nik Ismail Nik Yusof, the inspector-general of police and the Government of Malaysia in the High Court in Kuala Lumpur on March 5, 2004.

Manogaran said the seven were victims of a racial attack in their village and they held the police accountable for their failure to take effective measures to prevent and contain the attack when it happened, and the government for its misinformation relayed through its radio and television news bulletins saying that the situation in Kampung Medan was under control when it was not.

The victims’ case was that they had no quarrel with the local residents, that the attacks on them were by outsiders.

They had remained indoors upon hearing about racial attacks in their area, and left their homes to go about their normal business only after hearing official news over the radio and television that there were no problems as the police were in control of the situation, Manogaran explained.

He said there were 2,053 police personnel on duty in the Kampung Medan area where the attacks took place. The area had been cordoned off by police and there were road blocks, but yet the police could not stop the attacks.

“How come the police could not control just over 50 people who were going about freely and slashing people?” Manogaran asked.

He also asked, “Who is responsible for the official news that there were no problems in that area and the situation was under control, which the victims believed, leading them to leave their homes for work and to do other things?”

The Police Act 1967 specifies in no uncertain terms that it is the duty of the police to ensure peace and security, protection of lives and safety in public areas, Manogaran pointed out and added, “None of the arguments advanced by the claimants was rebutted by the police.”

The High Court judge, Manogaran said, did take judicial notice of the Kampung Medan incident, but yet contended that the claimants had failed to lead evidence as to the fact that they were seen being actually slashed by someone!

Further, the judge held that there were “inconsistencies on both sides” and dismissed the claim by the seven victims in May 2009. Manogaran argued that “these inconsistencies were minor”.

‘Five minutes to argue the appeal’

An appeal was filed in the Court of Appeal on June 6, 2009. At the Appeal Court the unbelievable happened, Manogaran said, adding that when it sat to hear the matter on Nov 23, 2011, the appellants’ lawyer was given just five minutes to present his case.

“When I protested the five minutes given, the judge said I could protest but the court was ready to give its decision. He then proceeded to hand down the court’s decision,” Manogaran said.

The Court of Appeal upheld the decision of the KL High Court and dismissed the appeal by the seven. The appellants were also ordered to pay RM10,000 as costs.

“This was a disaster for the seven. They have gone through pain and suffering since March 2001as a result of the ethnic violence that was let loose in Kampung Medan and now they are ordered to pay costs as the price for seeking justice,” Manogaran said.

“This order for cost constitutes ‘punishment’ for the seven victims of the Kampung Medan incident for daring to seek justice for their sufferings resulting from the negligence of duty on the part of the police and the government.

“It also serves as a deterrent for the seven to appeal to the Federal Court,” he added.

Despite this deterrent, Manogaran said, the application of the seven for leave to appeal was filed in the Federal Court on Dec 23, 2011. The case management was held at the Registry of the Federal Court yesterday and the application is to be heard in March.

Manogaran also lashed out at the Human Rights Commission (Suhakam) for refusing to hold an inquiry into the Kampung Medan incident.

“One commissioner told me: ‘Don’t rock the boat. We cannot have the inquiry’.”

Manogaran asked, “When it comes to the Kampung Medan incident, no one wants to inquire into it. Suhakam does not want to hold an inquiry. The Appeal Court would only give five minutes to hear our arguments. What are they trying to hide?”

He said the police did arrest some 83 people after the attacks. Since it was an act after the event, no one is sure for what they were arrested

To give justice to all the innocent victims of the Kampung Medan incident, Manogaran called for a royal commission of inquiry to determine who caused the attacks and why the police did not take action to prevent and stop them, and for compensation to be paid to all the victims.

‘Did the police take sides?’

Human rights NGO Suaram chairperson K Arumugam, who was present at the press conference, said six people were killed and more than 90 were seriously injured, including the seven, in the Kampung Medan incident in March 2001.

The seven, left with no remedy whatsoever from any quarter, took the matter to the court with the help of some of the kind hearted members of the Bar Council.

According to Arumugam, all information on the atrocities committed and the people who committed them were available, but “perpetrators of the crime were not apprehended”.

He stressed two vital questions that had to be answered: whether police took sides in the matter and what would be done to give justice and compensation to all the victims of the tragic incident.

Comments

 1. Democrat Well said Dr Suresh. Disaster, Ong and their ilk comment as though Malays & Chinese have been terrific role models for Indians to emulate & support blindly. Both majority races and both side of political divide needs only Indian votes but none of their problems.
14 hours ago | Report

2. Dr Suresh Kumar Part 1- Michael Angelo, you argued the Indian leadership is only looking after their personal interest. I do agree with you on this. And your solution, is to vote PR to change their fate. Now, tell me honestly, do you think the 11 Indian MPs in PR are empowered to discuss Indian issues? Four years have passed, since PR made political impact post 2008, I have seen zero initiatives from these 11 MPs. One or two Indian origin PR MPs who were vocal about Indian problems post 2008, have now been completely silenced by their PR masters. Now you tell me, didn’t the Indians vote PR en-mass in 2008? Why have these 11 MPs, some of them like Sivarasa, who are clueless about issues affecting the Indians are beholden to their masters? The answer is simple. They have to depend on the Malay-Chinese votes to win because there is no single Indian majority electorate for them to be taken seriously by politicians on both sides of the spectrum.
16 hours ago | Report

3. Dr Suresh Kumar Part 2-Therefore, the only way forward for the Indians to show and prove that they are key decision makers in the election process is to have Indian majority seats, only and only then will they be taken seriously by politicians and their fans. To do this, they need a man of highest integrity and sincerity. That can be none other than Uthayakumar with his 7/14 project at this moment of time, as PR has abandoned him post 2008.
16 hours ago | Report

4. temenggong Disaster, why don’t you confine yourself to advising your community! they need it. Indians do not need your unsolicited advise. I feel the Indians are fully aware of the race situation in Malaysia. They know how to stand firm and loyal, and they know how to move en masse when required! They have already demonstrated it, which I do not see in the other two main communities. Who else is backing BN? Chicken and water buffaloes? What were they doing for 52 years? Waiting for the Indians to move first? Hahaha!
22 hours ago | Report

5. 20121221Disaster Now I know why Indians cannot form a strength. I think majority of them behaved like temennong, easily sway without own direction!
23 hours ago | Report

6. temenggong Indians voted en masse for Pakatan in 2008. But has has been no change for them. They have to be more discerning in the next GE to be taken seriously. ABU, except in Selangor and Perak. Wait for Amanah.
23 hours ago | Report

7. 20121221Disaster It is very funny to me. I can easily name some good leaders of the Malays, like DSAI, Mat Sabu, Nik Aziz, Abdul Awang, Niza, Nurul, Khalih, etc and the Chinese, like LGE, Kiat Siang, Ong Kee Kiat, Chang, Teresa, etc. But it is hard for me to name good Indian leaders! If you say Karpal is an Indian too. Then he is one and his son is another!
yesterday | Report

8. Michael Angelo The problem with the Indian community is that they want to have the cake and also eat it at the same time. They want to place their feet all over the place and tumble down in the process. Indian leadership is only interested in looking after their personal interests and the Indian community do not mind being taken for a ride by such leaders. This is why Indian problems cannot be solved. They will run round and round the tree and bushes just like in the bollywood movies and in the end nothing they back to where they started. So if Indians want to solve their problems, they should stop listening to so many so called leaders and vote PR for a change in government. When the Indians can show and prove that they are key decision makers in the election process, they will be taken more seriously.
yesterday | Report

9. Holden Justice left town a long time ao. Today we have thieves rogues, bullies and sycophants running things and grabbing power. And, if you’re poor and Indian in Malaysia today don’t expect anything but despair.
yesterday | Report

10. dzulkefly ahmad Indian will never get justice under BN! Dont be a fool!
yesterday | Report

11. Anak JB Indians need to be more independent minded rather than be easily swayed. Some time it makes me wonder that as a race that is most disadvantaged, why are the Indians still pinning their votes for the ruling government who have created this predicament for them in the first place ever since independent. Indians need to be pragmatic and use their collective voice and their votes as a bargaining chip for the betterment of the Indians. Put your votes with Pakatan like what the Chinese are doing and if Pakatan do not do your bidding then vote them out the next time. The Chinese voted enmass for Badawi but when they found he was a hopeless case they voted enmass for Pakatan. Malaysia is going through a transition phase and UMNO and BN need to reinvent themselves to stay relevant. The race based, rent-seeking, hegemonic and ketuanan politics of yesteryear where the majority race are protected will be the politics of the past. A new change of government is now looking increasingly possible.
yesterday | Report

12. Gandhi Uthaya and Hindraf advisor Ganesan should be candidates for the GE13. These two WILL raise issues that are uncomfortable for the other MPs like Prof Rama who questions Hindraf accounts but not the Kg Medan killing. Uthaya has nothing to fear as he’s not interested in giving in for some personal benefit. The seven victims deserve compensation and justice to their grievous injury. I can’t understand the apathetic stand of Suhakam whose responsibility is to look into any kind of Human Rights violation.
yesterday | Report

13. Pontek Uthaya can unite all Indians. Make a way for all to come together to bring the regime that intends to kill all Indians perish in hell.
yesterday | Report

14. socialist007 This is Mahathir’s work to create another May 13 incident.
yesterday | Report

15. Anonymous_VV whatever has happend to the voice of mic or hindraf on this sissue
yesterday | Report

16. Bluemountains The Indian community not only has a small voice because of the small population, it is also led by some leaders who the Chinese called ‘running dogs’ . Follow the example of the Chinese community in the rejection of some of the BN component parties. The Indians too can show leaders of BN component parties who claim to represent them that they are the real boss. If you can be bought over with sweet talks and promises of money and other benefits, then you only have yourself to be blamed.
yesterday | Report

17. jesse This is a hot potato and there are too many dirty linens to be aired by an enquiry. If the government is a right thinking one, there would have been a royal commission immediately to determine the truth of the matter. The judiciary is too compliant and is self-censoring – thanks to all those sycophants appointed by the government in recent years. There are too few brave souls in the judiciary to ensure that justice is done between the people and the state. With all his mighty influence, couldn’t “Correct, correct, correct!” lawyer do something for his community? Poor victims who suffer as a result of a corrupt and bankrupt government, and an indifferent police!
yesterday | Report

18. P.Dev Anand Pillai That is the reason why the Indians must not be swayed by either side of the political divide, we have to learn how to bargain like the Chinese who get what they want from the Malay dominated government. The Indian empires once ruled this land, the very early roots of the current Malay sultunate eminates from the Hindu empires that once ruled this land but today the Indians seem to be the best scapegoats for the ruling elites to use as and when they decide it necessary to make an example out for the rest. This elections lets put in some real representatives like Uthayakumar to put our message across in Parliament and to press for reform in the mindset of the Malay dominated enforcement agencies. Only then will they realize that the Indian votes are not free for the taking.
yesterday | Report

19. Dr Suresh Kumar Desperately sad. This is probably one of the worst injustices suffered by the Indians. Six were killed, 90 seriously injured and seven were maimed in the Kg Medan massacre which took place from 8th to 23rd March, 2001. The two thousand police personnel failed to save the victims. The UMNO govt have not identified the perpetrators until this day. The courts are mulling to fine the victims instead, for seeking justice. Are we living in a rogue state such as Pakistan? Suhakam, where is your conscience? The victims of such blatant human rights abuse are always the Indians, yet when Uthaya called it ‘ethnic cleansing’ he was charged for sedition by UMNO. When Uthaya fights for these poor victims, his detractors from PR, including some Indian smart aleck are quick to label him a ‘racist’ but none of them will ever step forward to fight for justice for these poor victims. However, to be fair to PR these Indians should vote for PR, at least they would get some handyplast to cover their wounds.
yesterday | Report

20. Ashoka PJ Noticed Malaysiakini have also deleted my comments. Are you anti Indian as well??
yesterday | Report

21. Democrat Not only Mahathir, Polis Raja Malaysia, MIC and the entire Barisan must answer for this genocide of Indians in Kg Medan.
yesterday | Report

22. Democrat Malaysiakini can delete my comments BUT Mahathir must take responsiblity for this Kg Medan racial genocide. What happened in Kg Medan is what Israel is doing to Palestine people.
yesterday | Report

23. Baiyuensheng Maybe we can imports some israelites and learn on how to terminate pests….
yesterday | Report