Intimidation must not be tolerated

A rose by any other name smells the same! Intimidation by any other names feels the same. Ask Police Officer Ramli Yusoff or Dr Irene Fernandez.

It looks like it is now the turn of Sisters in Islam (SIS) executive director Hamidah Marican ( left ) to prevail in spite of the tools and tactics of the state against innocent citizens who stand up for truth in what is obviously becoming a police state!

It is therefore time for all citizens to stand up for truths which matter and against all such intimidation tactics which are uncivil, uncouth and unacceptable.

In a recent case the court dismissed the charges against a senior police officer who was initially accused of corruption but the only charged for not making declarations of his personal assets! How convenient!

Therefore, I was there with sister Hamidah at the PJ police station to protest even the fact that she had to even be invited to come into the office for investigations; when it is apparent to the public that this is another case selective persecution by prosecution. My non-legal but trained critical mind questions whether she even needed to go to the station; even if non-compliance might have looked like disobedience?

Sometimes civil disobedience is the only way forward. After all, to my mind, the investigations were based on a rather frivolous complaint by Selangor Religious Department about a statement she made as executive director of an NGO; which is registered as a company, which has the mission to: ‘to protect interests of women, especially Muslim ones whose rights are denied\’.

They have almost absolute legal rights to give their opinion on all matters so long as they do not break any law under our constitution. This right is fully guaranteed by the constitution.

After all, it is her fulltime job as executive director of SIS to make statements against the abuse of women; regardless of what the issue is and even whether these relate to Muslim women or others!

Transparency lacking

In this instant she registered her protest of the questionable whipping of three women, carried out without any transparency or openness about the real offences and requisite witness statements and whether the due processes were conducted transparently by the relevant authorities.

And, for that matter, I hear that the same Islamic Affairs Department of Selangor (Mais) even sanctioned a Kutbah (or Friday sermon) for all mosques in the state which actually mentioned the managing editor of Star and executive director of SIS by name! Well that is one sure way to make them famous! But, I do also think these two individuals should both counter Mais for such public and criminal defamation over an issues which others have right to have an opinion!

But first let me ask some fundamental questions framed by my simple, uncomplicated but constitutionally-aware mind.

1. Can someone tell me what criminal offence has the SIS executive director committed when she spoke up, following closely in the footsteps of the now rightly famous Dr Irene Fernandez, against this questionable implementation of hudud law by the Federal Prison Authorities? After all, the so-called immoral action was committed in the Federal Territory of Wilayah Persekutuan; but the punishment was carried out in Kajang Prison, which I believe, falls within the jurisdiction of Selangor.
2. Under what federal law was this punishment enacted by the prison authorities? Can the DG of the prisons department tell me under which civil or criminal law provision was the punishment enacted? Since when did the prison authorities become the execution vehicle for Islamic family law; which is only a state enactment? Will they also next whip fathers who abuse their children? What about fathers who abuse wives, or marry off, or sell their children?
3. Correct me if I am wrong but is not Islamic family law merely a state enactment? State enactments are subsidiary legislation which only refers to each specific state under a sultan and varies according to each state. How then can state enactment legislation become a federal violation which calls upon the federal public law agency to enforce that decision?
4. Can federal prison authorities also then punish other religious violations from other religious groups? Can they also be asked to monitor and enforce by proxy for others too? Can they then also take action against an adulterer who is now a president of a party?
5. If I am not mistaken former Chief Judge Hamid Mohamed in a case in the past, actually pointed out 23 circumstances wherein there were jurisdictional doubts under our \”modified constitution, especially after the Article 121 (1A) amendment\”. Is it not better for the AG and Parliament to deal with and remove the confusion rather than seek to punish the whistleblowers on such issues?

According to the Wikipedia , a whistleblower \”is a person who raises a concern about wrongdoing occurring in an organisation or body of people, usually this person would be from that same organisation. The revealed misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption.

Whistleblowers may make their allegations internally (for example, to other people within the accused organisation) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with the issues).Whistleblowers frequently face reprisal – someti mes at the hands of the organisation or group which they have accused, sometimes from related organisations, and sometimes under law.\”

Therefore, is it not fair for me to ask the IGP to explain transparently and openly, what and why was sister Hamidah called up for criminal investigations? What real crime did she commit in her capacity as the executive of SIS? Sure, there are now yet others who are now calling for the name of SIS, which has a reputation and brand name, to be banned! Such calls are also free expression of yet other opinions too! My only recommendations to the envious ones; why not offer them a good price for the name and maybe you can coax them into selling the brand ‘SIS\’?

For goodness sake, can all parties please understand that SIS arose because of abuse of women within our system, just as the NGO Tenaganita did! Please deal with them rationally and seek to understand them and their issues; but, surely not by way of brute force and intimidation.

Force and intimidation will only evoke a more a reactionary counter force of influence! Wake up people, we are already in the 21st century, the world connected by information and knowledge, but not fear!