Saturday, January 31, 2009

After Kugan - Your Rights Upon Arrest By The Police--

Any arrest without a warrant effected in circumstances not specified under S23(1)(a) to (k) and S105 of the Criminal Procedure Code is unlawful. (Pls buy your CPC ok)

How Long Can The Police Detain You?
They can detain a person up to 24 hours for the purposes of investigation. If investigations cannot be completed within 24 hours they must release the arrested person or they must produce him before a magistrate for a remand order in order to detain him further for a period not exceeding 15 days, under S117 of the Criminal Procedure Code.

What Are Your Rights Upon Arrest?
(1) Right to be informed reason of arrest
Under the Federal Constitution, an arrested person have the right to be informed as soon as possible in ordinary language of the grounds of his arrest unless there can be inferred from the surrounding circumstances or if he makes it impossible for the arrester to inform him. Under the new S 28A CPC, a person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.
(2) Right To Contact Lawyer
The Federal Constitution also gives the arrested person a right to consult and be defended by a lawyer of his choice. This right to contact lawyer can be denied if the police are of the view that allowing access to a counsel before an investigation is completed would:
(a) interfere with the evidence;
(b) alert other unarrested suspect; or
(c) hinder the recovery of stolen property
Once investigations are completed the person arrested must be allowed to consult his lawyer within a reasonable time.
The new S28A of CPC now has imposed on the police officer making the arrest to inform the person arrested before commencing any form of questioning or recording of any statement from him that he may communicate and consult with a legal practitioner of his choice.
Where a legal practitioner has been requested by the arrested person the police shall allow a reasonable time for the legal practitioner to be present to meet the person arrested at his place of detention and for the consultation to take place.
The Police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication/attempted communication or the consultation has been made. The police officer shall provide reasonable facilities for the communication and consultation free of charge.
The police officer may not allow the person arrested to communicate and consult a lawyer if he reasonably believes that:
(a) in allowing the arrested person to see his lawyer would result in:
(i) an accomplice taking steps to avoid apprehension; or
(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness
(b) Having regard to the safety of the other persons, the questioning or recording of any
statement is so urgent that it should not be delayed.
(3) Right to contact relative/friend
The person arrested has a right before police questioning takes place to make a phone call to inform his relative or friend that:
(a) he has been arrested
(b) the time, place and reasons of his arrest;
(c) the identity of the police officer who arrested him;
(d) the police station where he is detained;
(e) the duration of his detention.
This right can be denied if the police reasonably believes that:
(a) by allowing him to phone a relative or friend would result in an accomplice of the person arrested taking steps to avoid apprehension or the concealment, fabrication or destruction of evidence or the intimidation of a itness; or
(b) having regard to the safety of other persons the questioning is so urgent that it should not be delayed.
(4) Right to remain silent
If you are arrested, you have the right to remain silent. If the police want you to answer question, you may say "I will answer in court". There is nothing (in theory, anyway) that the police can do to force you to speak.

What are you remedies if the arrest or detention is unlawful?
(1) Civil claim for damages
If you are unlawfully arrested you may sue the police for wrongful arrest and claim damages
(2) Writ Of Habeas Corpus
A person who is unlawfully detained, may apply to the High Court for a writ of habeas corpus. By issuing the writ, the High Court may command the production of the person detained and inquire into the cause of his detention. If there is no legal justification for the detention, the party is ordered to be released.
We should know our rights but most Malaysians do not know their rights cos we live in 'Bolehland'.

Source: Criminal Procedure Code and Your Rights And The Law.

The Ghost Of Kugan

The past few weeks the killing or "dying" of Kugan - a car thief- in police custody gained much publicity and why not, with the involvement of some politicians like Uncle Sam Of MIC trying to become an Indian hero again after his much popular defeat in Sugai Siput demanding explanation from the government over Kugan's death with the Keris wielding Hishamuddin warning him not to take the law into his own hands. One wonders since when Uncle Sam started fighting for justice?... HMMM. Kugan was a criminal but he did not deserve to die in police custody. Criminals just like prostitutes are born not out of choice but due to society or peer pressure for materialism. Kugan was not a Rajhini Kant or Amitabh Bachan or a slumdog millionaire that deserves a statute in the Wax Museum or a Bollywood movie but he deserved justice. He shouldn’t have died in police custody as any criminal is innocent until proven guilty cos the law as we all know does not say Guilty until proven innocent. The police (majority of them) are always biased when comes to people of certain ethnic background and treat them unfairly and prejudicially. This is based on my experience working for a legal firm sometime ago. The Government should investigate and if the police officers are wrong they should be brought to justice and let the law decide their fate. Let it be a reminder to all then that Malaysia condemns racism and does not tolerate any injustice or police brutality. This is what I call a transparent government. If the government can speak for the world against the atrocities committed by the Zionist against Islam and brand it as acts of racism and terrorism then we should start sweeping from our own backyard .. Also this may help them to win Indian votes in the next general elections. The time is NOW and hopefully Najib realizes this.

PS Can someone tell Samyvellu to stop being a Cowboy ?

Saturday, January 17, 2009

Of Curries and Indians

Warning: The following post is extremely controversial, and may result in rioting, looting of embassies, or tension between nuclear powers. Or it just may make you feel hungry. Whatever. You have been warned. Travelling sometimes if not most of the time broaden your horizons. It is true indeed. My trip to Hong Kong last year (sounds like many many moons ago) okay last December, led me to an interesting discovery on Curries. Yes, of all the places in the world-Hong Kong. I was at Starbucks having my Latte when I read interesting facts about curries and this is what I have to say: Clearly, this is a subject of the utmost importance, unlike trivialities such as the world financial crisis or global warming. West-east versions of curry have a long history. "English curry, a yellow brown gloopy substance eked out with raisins and sugar, was on my grammar school menu in 1953," wrote Neil Thomson from Australia. And Jane Austen mentions curry in Mansfield Park, first published in 1812.
Now the ultimatum: When I went to India last year it was amazing to discover that there was nothing on the menu in any restaurant that I recognized. No balti curries, no chicken tikka masala and not one of the waiters (baiyah) knew what a vindaloo was. I can see the time has come to tell the truth. The truth I discovered in Hong Kong :)
None of the popular curries are from India. Those "Indian Curry Houses" that you see in every town in Britain are not Indian at all. The vast majority of them are Bangladeshi. Staff come from a specific district of Bangladesh. Sylhet in the northeast of that country actually specializes in breeding British curry houses waiters.
Another myth: Vindaloo is a super-hot Indian curry.
Fact: Vindaloo is not Indian. It's Portuguese. Sailors from that country arrived at the Indian city of Goa with a pork dish called vinha d'alhos, which means wine and garlic stew. The natives filled with pity for people living on bland European food, fixed the recipe and shortened
vinha d'alhos to vindaloo. The Portuguese agreed that the revised version was way better than the original, and spread it around the world. But it wasn't good enough for Inda. Even today,
asking for vindaloo outside Goa produces a diagonal head-sway, which is an Indian body language for: "I don't know what you're talking about, idiot foreigner."
Myth three: The top indian curry dish is Chicken Tikka Masala.
Fact: It's not Indian at all, but from Glasgow, in Scotland. A drunken Scotsman ordered chicken tikka (a dry dish) instead of chicken curry (a wet dish) and demanded that curry sauce be poured over it.
Brits particularly like an Indian dish called balti. But there's no such food in India. Bangladeshi restaurateurs in the English city of Birmingham started serving food in tiny iron woks, so they could serve less and charge more. Having no work for wok, they called it balti (bucket in Hindi/Punjabi) curry. Believing this to be an exotic import, UK diners went crazy for it. The result is that vast numbers of British tourists go to India and have the following conversation:
"I'd like a balti curry please."
"You want a bucket curry?"
"A balti curry."
"Yes sir. Would you like your bucket on the bone or off the bone?Mild, medium or hot?"
Some people in Canada discovered authentic curry thanks to products from an Indian goods export firm called Sharwoods.
Actually, Sharwoods products come from the north of England- and the company was started by a man named Jim. YOU MAY NOW RIOT.

Guru Nanak -The Founder Of Sikhism -Part 1

GURU NANAK - Founder Of Sikhism
Guru Nanak was born in 1469 at Rai Bhoeki Talwandi now known as Nankana Sahib situated in Punjab province of West Pakistan. This place is about 55 miles north-west of Lahore. His father, Mehta Kalu was a Patwari- an accountant of land revenue in the government. Guru's mother was Mata Tripta and he had one older sister, Bibi Nanki. From the very childhood, Bibi Nanki saw in him the Light of God. She is known as the first disciple of Guru Nanak.

GURU'S SCHOOLING: At the age of seven, Guru Nanak was sent to school, which was run by Pandit Gopal Das, at his village. As usual the teacher started the lesson with an alphabet but the teacher was wonder-struck when the Guru asked him to explain the meaning of the letters of the alphabet. However at the helplessness of his teacher, the Guru wrote the meanings of each and every letter of the alphabet. This was the first Divine Message delivered by Guru Nanak. This was an explanation of deeper truth about human beings and God and the way to realize God in terms of the alphabet. The teacher stood abashed before the Divine Master and bowed to him. He then took him back to his father and said, "Mehtaji, your son is an Avtar (prophet) and has come to redeem the victims of Kalyug (the age of Falsehood). He is destined to be a world Teacher, there is nothing that I can teach him." Many writers believe that Guru Nanak was first sent to different schools belonging to the Hindus and Muslims to learn about Vedas (Hindu Scriptures) and Quran (Muslim Scripture), and only after obtaining the knowledge from those scriptures, he started his religion. According to Malcolm, Guru Nanak is said to have learnt all earthly scenes from Khizr -the Prophet Elias. "There is a reason to believe," writes Cunningham, "that in his youth he made himself familiar with the popular creeds both of Mohammadans and the Hindus and that he gained a general knowledge of the Quran and Brahmanical Shastras." The Message that Guru Nanak gave to this world, came to him direct from God as he confirms himself:"O Lalo as comes the Divine Word from God to me So do I narrate it."( Tilang Mohalla 1, p-722 )"I am saying what He commandeth me to say."(Wadhans Mohalla 1, p-566)It is also mentioned in the Janamsakhi (biography) that many times Guru Nanak said to his companion Mardana, "Mardana, play the rebec, the Divine Word is coming. " This confirms the fact that education from the Hindu and Muslim religious institutions, had no bearing at all on the Divine Word that Guru Nanak received from God and delivered to this world.
CEREMONY OF SACRED THREAD: Guru Nanak was nine years old and according to the custom among the higher castes of Hindus, he was required to invest himself with the sacred thread called 'Janaeu'. Great preparations were made by his father for this ceremony. The family priest named Hardyal, started chanting Mantras (Hindu hymns) and was ready to put the thread around Guru's neck when he refused to wear it. The whole assembly was astonished. They tried to persuade him every way to wear the Janaeu but in vain. Then the Guru uttered the following Sabad:"Though men commit countless thefts, countless adulteries,utter countless falsehoods and countless words of abuse;Though they commit countless robberies and villainies night and day against their fellow creatures;Yet the cotton thread is spun, and the Brahman cometh to twist it.For the ceremony they kill a goat and cook and eat it, and everybody then saith 'Put on the Janaeu'.When it becometh old, it is thrown away, and another is put on,Nanak, the string breaketh not if it is strong."(Asa di Var, Mohalla 1, p-471)The priest in utter despair asked, "What kind of sacred thread O Nanak, would you wear?" The Guru replied,"Out of the cotton of compassionSpin the thread of contentmentTie knots of continence,Give it twist of truth.That would make a Janaeu for the soul,If thou have it, O Brahman, put it on me.Such a thread once worn will never breakNor get soiled, burnt or lost,The man who weareth such a thread is blessed."(Asa di Var, Slok Mohalla 1, p-471)
COBRA SERVES THE DIVINE MASTER: As usually is the case in villages, the father sent his son to graze the buffaloes in the pastures. One day while the Guru was grazing the buffaloes, he fell asleep under a tree and the herd destroyed the crops in the neighboring fields. When the owner saw his crops damaged, he became furious and lodged a complaint with Rai Bular, an officer-in-charge of that area. Rai Bular sent for the son and his father to adjust the quarrel. The Guru told them that no damage was done to the crops; rather it was blessed by God. Rai Bular sent his messengers to inspect the fields. But to everybody's surprise the investigators could not find any damage in the fields rather the crops were doubly blossoming. The field where this miracle happened is now known as Kiara Sahib. On another day the Guru was sent to graze the buffaloes in the pastures and he fell asleep under the shade of a tree. As the sun rose higher, the shadow moved away. A big cobra came out of its den and provided shadow with its hood over the face of the Divine Master. Rai Bular happened to pass by that side with his attendants. When he saw this strange scene, he was convinced that the boy was a man of God. Upon seeing the people, the cobra retreated to its den and Rai Bular touched Guru's feet in great reverence and thus became Guru's disciple.
GURU SITS IN SECLUSION: As he grew a little older, he avoided company and sought seclusion. For days he would sit silent in solitude and spent his time in meditation. Parents became anxious about his health and to them his unworldliness appeared insane. One day they sent for their physician Hari Das. The physician came and began to feel Guru's pulse. He withdrew his arm and asked, "O physician, what art thou doing?" The physician replied that he was diagnosing his disease. Upon this the Guru laughed and then uttered the following Sabad:"They have sent for the physician for me!He taketh my hand and feeleth my pulse.What can a pulse disclose?The pain lies deep in the heart.Physician, go back and heal thyself,Diagnose thy own disease,Then thou mayst diagnose the disease of othersAnd call thyself a physician."(Malar ki Var, Mohalla 1 p-1279)Hari Das was familiar with such cases and thus asked, "So you think that I am sick too and need a cure." The Guru replied, "You suffer from the sickness of your soul. Egoism is the disease. It separates us from the source of life, God Himself." Hari Das asked if there was any remedy. The Guru replied,When man shall possess the Name of the Bright One,His body shall become like gold and his soul be made pure;All his pain and disease shall be dispelled,And he shall be saved, Nanak, by the true Name."(Malar Mohalla 1, p-1256)After a good deal of discussion, Hari Das bowed before the Divine Master and told his parents to leave anxiety about their son as he was born 'A healer of the world's sickened souls.'