PRESS STATEMENT HINDRAF SEEKS CONSTITUTIONAL CHALLENGE ON SECTION 13 (1) (C) (IV) SOCIETIES ACT 1966 TIME TO STOP UNLAWFUL/HIGH HANDED/BULLY OF ROS AND HOME MINISTER
HINDRAF has filed an unprecedented legal challenge to the constitutionality of Section 13 (1) (c) (iv) of the Societies Act 1966 on the 3rd November 2023 at the Kuala Lumpur High Court.
On the 30th September 2019, the registration of HINDRAF was cancelled by the registrar of societies on grounds that HINDRAF finds to be trivial/irrelevant and could have been rectified by administrative process. An appeal to the Minister was also rejected on the 7th August 2020. A judicial review challenging this decision is pending at the Kuala Lumpur High Court.
HINDRAF chairman Ex-Senator Waytha Moorthy in a statement said he decided to challenge the said provision of 13 (1) (c) (iv) of the Societies Act 1966 as the said provision infringes the fundamental right of a citizen to form and maintain an organization under Article 10 of the Federal Constitution. Waytha Moorthy further added that Parliament may impose laws to restrict the formation and maintenance of an organization under Article 10 (2) (c) if it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
“However the said provision of Article 10 (2) (c) of Federal Constitution has been abused by the registrar of societies Act from 1966 to bar many organizations which were critical of the government on flimsy grounds using Section 13 (1) (c) (iv) of the Societies Act. This continuous unlawful laws and bullying by the Registrar of Societies act and the Home Minister has to stop. Organizations must be allowed to function without undue interference of the government”, stressed Waytha Moorthy.
HINDRAF legal adviser Karthigesan Shanmugam who filed the action at the Kuala Lumpur High Court last Friday said the matter would be referred to the Federal Court with questions of law posed for its final determination on the constitutionality of Section 13 (1) (c) (iv) of the Societies Act.
“This is an important challenge and is a novel action that has affected thousands of organizations in our country. It would put to rest 57 years of unlawful actions of the government if the Federal Court allows our application”, added Karthigesan. HINDRAF MEDIA TEAM 6th November 2023 ____________________________________________________________________________ No.50, Taman Sri Labu, 70200 Seremban, Negeri Sembilan, Malaysia. Tel : +606-7671707 / 7672707 Fax : +606-7673707 Email: admin@hindraf.com / secretariat@hindraf.com Website: www.hindraf.com
I drove right into a hindraf protest march in front of klcc way back i think in 2004 or 2005 or possibly earlier.cant remember. They wanted reparations from UK for the forced migration of mostly imprisoned tamils to work in their estates. And British embassy was just further up. You cannot move your car due to the crowd so stuck on the road.