Saturday 29 April 2017

‘The PM is not a public officer'

In a landmark judgment, the High Court has ruled that the Prime Minister is not a public officer in public office.

It held that the premier is also not in public services as defined under the Federal Constitution but “a member of administration”.

Saturday, 29 April 2017

BY M. MAGESWARI

High Court judge Abu Bakar Jais made this observation in allowing an application by Datuk Seri Najib Tun Razak to strike out a lawsuit against him for misfeasance in public office.

Najib succeeded in striking out a lawsuit by Tun Dr Mahathir Mohamad and two others against him for alleged wrongful exercise of authority in public office.

Justice Abu Bakar ordered the plaintiffs to pay Najib RM30,000 in legal costs.

Speaking to reporters after the proceedings in chambers yesterday, Najib’s lawyer Datuk Mohd Hafarizam Harun said it was a landmark judgment.

“The court agreed that the Prime Minister, Minister, Deputy Minister and political secretaries are not in public services or public officers but members of administration,” said Mohd Hafarizam yesterday.

In a written judgment to the media later, Justice Abu Bakar said the suit was obviously “unsustainable”.

“There is actually no reasonable cause of action and as a whole, on the facts and laws, the claim is frivolous and vexatious.

“It is fundamental to appreciate that a suit can only stand based on the law that is applicable.

“Our laws, no matter how unreasonable they may be perceived, do not permit the plaintiff’s suit,” added Justice Abu Bakar.

The defence team, led by Tan Sri Cecil Abraham, had argued that Najib is a member of the administration and that Article 160 (2) of the Constitution excludes members of the administration to be in the public service.

Lead counsel for the plaintiffs Mohamed Haniff Khatri Abdulla said his clients would file an appeal.

In the lawsuit filed in March last year, the plaintiffs wanted the High Court to order Najib to pay RM2.6bil in exemplary damages to the Government.

Dr Mahathir, former Batu Kawan Umno division deputy head Datuk Seri Khairuddin Abu Hassan and former Langkawi Wanita Umno member Anina Saadudin also wanted Najib to pay RM42mil in aggravated damages.

In an immediate response, Anina said she would support the appeal.

http://www.thestar.com.my/news/nation/2017/04/29/the-pm-is-not-a-public-officer-dr-ms-suit-against-najib-struck-out-in-landmark-high-court-ruling/

See subsequent article published:
http://youkiddingus.blogspot.my/2017/05/is-pm-public-officer.html

Friday 28 April 2017

MCMC: WhatsApp admin and members are accountable

Administrators of WhatsApp groups may face legal action for failing to stop the spread of false information but investigations are based on complaints, said the Malaysian Communications and Multimedia Commission (MCMC).

Friday, 28 April 2017 | MYT 7:56 PM

BY DANIAL ALBAKRI

It said that while conversations in messaging applications, such as WhatsApp, WeChat, Viber and Telegram, are private, an investigation can be conducted to look into any offending comment if a complaint is made.

“Investigations will only be conducted if there are complaints made regarding the content shared within these groups.

“Therefore, members of the public, whether they are group administrators or members, should be careful when spreading information so that it does not become a case of spreading false information,” the commission said in a statement on its Facebook page on Friday.

The MCMC said that the spreading of false information is an offence under Section 233 of the Communications and Multimedia Act 1998 (CMA).

It stressed that any investigation it conducts will not differentiate between group administrators and members.

“If the group administrator or any member is found to have spread false information, then legal action can be taken against them,” it said.

The MCMC said that group administrators would be held responsible if they make a comment, request, suggestion or other communication that is obscene, offensive, false, threatening or irritating with the intention to hurt, abuse, threaten or harass others.

Furthermore, they will also be held accountable if they ask for such comments from other members in the group, as well as if they incite any other person in the group to make such comments.

It also said that any group administrator who obstructs an investigation by any enforcement agency will also be culpable.

“On these matter, MCMC will consider the need to establish guidelines on the usage of messaging applications and the like.

“At the same time, the public is urged to always be prudent when using social media for their own good,” the commission said.

Deputy Communications and Multimedia Minister Datuk Jailani Johari was reported on Thursday as saying that provisions under the CMA allowed for WhatsApp group administrators to face legal action for failing to stop the spread of false information in their groups.

http://www.thestar.com.my/news/nation/2017/04/28/mcmc-probe-into-whatsapp-false-info-based-on-complaints/

Thursday 27 April 2017

2 Mar 2015: Outspoken Indian preacher wins Saudi prize for service to Islam

RIYADH: An Indian television preacher who has called the 9/11 attacks an "inside job" received one of Saudi Arabia's most prestigious prizes on Sunday, for "service to Islam." Zakir Naik, president of the Islamic Research Foundation in India, was one of five recipients of the King Faisal International Prize from Saudi Arabia's King Salman during a ceremony at a luxury Riyadh hote...

RIYADH: An Indian television preacher who has called the 9/11 attacks an "inside job" received one of Saudi Arabia's most prestigious prizes on Sunday, for "service to Islam."

Zakir Naik, president of the Islamic Research Foundation in India, was one of five recipients of the King Faisal International Prize from Saudi Arabia's King Salman during a ceremony at a luxury Riyadh hotel.

The annual prizes are a project of the King Faisal Foundation, established in 1976 by the children of King Faisal bin Abdul Aziz who died in 1975.

Naik was honoured for being one of the most renowned non-Arabic speaking promoters of Islam. He founded the Peace TV channel, billed as the world's only channel specialising in comparative religion.

It has an estimated English-language audience exceeding 100 million, according to his award citation.

"Islam is the only religion that can bring peace to the whole of humanity," he said in a video biography aired at the ceremony.

In a July 2008 Peace TV broadcast Naik suggested that Al-Qaeda was not responsible for flying hijacked airliners into New York's World Trade Center on September 11, 2001, killing almost 3,000 people.

"Even a fool will know that this was an inside job," he said in the video, claiming then-President George W. Bush was behind the attacks.

In 2010 Naik was reportedly barred from entering Britain after the Home Secretary cited "numerous comments" which showed his "unacceptable behaviour".

Naik told Sunday's ceremony that he would donate all of his $200,000 prize money to Peace TV.

The other prize winners were:

» In Islamic studies, Saudi Arabia's Abdulaziz bin Abdulrahman Kaki for his research on the cultural heritage of the Muslim holy city of Medina

» In medicine, Jeffrey Ivan Gordon of the United States, whose research has enhanced understanding of diseases such as obesity, which is a growing problem in Saudi Arabia

» In science: Michael Gratzel of Switzerland for his development of solar cells, and co-winner Omar Mwannes Yaghi of the United States for his work in the new field of metal organic frameworks. – AFP

http://www.thesundaily.my/news/1342212

Zakir Naik's articles in The Sun

Tamil daily denies link with Zakir Naik, calls allegation 'baseless and fake'

KUALA LUMPUR: Tamil daily Malaysia Nanban has refuted allegations of sponsoring and supporting the controversial televangelist Zakir Naik, stating that such claims was "baseless" and "fake". The newspaper's director, Datuk Shafee Zaman Sikandar Batcha, said the issue started with the spread of a Whatsapp message that went viral and was later blown out of proportion. "We...

Article - 24/04/2017 - 8:06pm - 0 comments

Malaysia to assist India in Dr Zakir Naik probe (Updated)

PUTRAJAYA: Controversial Muslim preacher Dr Zakir Naik has permanent resident (PR) status in Malaysia, which was granted to him about five years ago, said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi. Nonetheless, Ahmad Zaid who is also the Home Minister said Malaysia will assist India to investigate the Islamic Research Foundation president if that country made a reque...

MCCBCHST calls govt to ban Zakir Naik

PETALING JAYA: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has called on the government to withdraw the visa granted to controversial Indian preacher Dr Zakir Naik to enter the country. In a statement, the council expressed its "profound regret" that Malaysian authorities have chosen to ignore all representations and repor...

Article - 08/03/2017 - 7:39pm - 0 comments

Citizens file originating summons against Zakir Naik

KUALA LUMPUR: Some 19 citizens including human rights activists have jointly filed an originating summons against controversial Islamic preacher Zakir Naik on grounds that he is a threat to national security and public order. The group, led by lawyer and Hindraf chairman P....

Article - 01/03/2017 - 8:16pm - 0 comments

Letters - We are what we do, not what we claim to be

A NEWS report with a heading Zakir Naik: I'm a messenger of peace ... caught my eye. I do hope that Zakir is what he claims to be, but a man of peace does not label others as terrorists. A man of peace is determined by his actions. The focus should be on lifting up one's community instead of pulling others down through condemnation. ...

Article - 12/03/2017 - 4:25pm - 0 comments

Another four non-Muslims embrace Islam at Dr Zakir's lecture

KUALA LUMPUR: After the conversion to Islam of a Christian teenager by international preacher Dr Zakir Naik in Kemaman last Thursday, another four non-Muslims recited the syahadah (declaration of the Islamic faith) last night. One of them was 23-year-old Hurender Bal Singh, from India, who made the decision after he was satisfied with the explanation by the preacher about a non-M...

Article - 17/04/2016 - 2:19pm - 0 comments

Organiser expect full house for Zakir Naik's forum

PETALING JAYA: The organiser of the forum featuring controversial Muslim preacher Dr Zakir Naik at the National Hockey Stadium in Bukit Jalil expect a full house on Saturday. Programme director Abu Shariz Sarajun Hoda told Utusan Malaysia that to date 18,000 tickets for the event have been fully distributed to the public. He said more than 30,000 people are expected to ...

Article - 14/04/2016 - 4:38pm - 0 comments

Teenager converts to Islam during Dr Zakir Naik's talk

KEMAMAN: Members of the audience who attended the talk by famed Muslim preacher from India Dr Zakir Naik here last night will probably never forget the moment they witnessed him guiding a teenager who converted to Islam. In full view of the audience who numbered almost 40,000 at Padang Astaka here, Woo Nina Grace, 19, recited the syahadah (declaration of faith) and became a Musli...

Article - 15/04/2016 - 4:48pm - 0 comments

Zakir Naik thanks govt for allowing his lecture in Melaka

BESUT: International Islamic preacher Dr Zakir Naik has thanked the Malaysian Government for allowing him to give a public lecture in Melaka on Sunday. He expressed gratitude even though the title of his lecture had to be changed from 'Similarities between Hinduism and Islam' to 'Women's Rights in Islam'. "With what has happened, I could feel that the attendees in Melaka will in...

Article - 13/04/2016 - 4:22pm - 0 comments

‘Zakir not promoting terrorism’

KUALA LUMPUR: Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi has dismissed suggestions that controversial Muslim preacher Dr Zakir Naik is promoting terrorism. Ahmad Zahid said he had obtained information on several of Zakir's speeches in other countries, including in his home country India, and believes that the latter's speeches had been taken out of context. "From the in...

Article - 15/04/2016 - 1:40am - 0 comments

Shahidan: Forum by Zakir Naik will go on albeit with different title

KUALA LUMPUR: Both forums by controversial Muslim preacher Dr....

Article - 12/04/2016 - 8:57pm - 0 comments

Cops forbid Zakir Naik from speaking at UTeM forum

KUALA LUMPUR: Controversial Islamic preacher Zakir Naik (pix) who was scheduled to speak at a forum in a university in Malacca on Sunday has been barred from the event by police. In a Facebook posting, Inspector-General of Police Tan Sri Khalid Abu Bakar said considering "public order and religious sensitivities", the Indian orator will be disallowed from speaking at th...

Article - 11/04/2016 - 2:48pm - 0 comments

Terengganu govt only provides accommodation, food for Dr Zakir, says Ahmad Razif

KUALA NERUS: The Terengganu government only provides accommodation and food for Muslim preacher Dr Zakir Naik during his stay in the state, while other expenses are borne by himself through the Islamic Research Foundation, said Menteri Besar Datuk Seri Ahmad Razif Abdul Rahman. He said the Terengganu people were fortunate to have Dr Naik come to the state to give his lectures....

Article - 11/04/2016 - 2:18pm - 0 comments

Umno senator wants authorities to facilitate lectures by controversial Islamic preacher

KUALA LUMPUR: An Umno senator called on the authorities to facilitate public lectures by controversial Islamic preacher Dr Zakir Naik. Senator Engku Naimah Engku Taib said Zakir is helping to promote the word of Islam and his lectures had so far drew crowds of tens of thousands. "Zakir's lectures drew up to 30,000 people, and not just Muslims as non-Muslims are attending these l...

Outspoken Indian preacher wins Saudi prize for service to Islam

‘Zakir not promoting terrorism’

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi has dismissed suggestions that controversial Muslim preacher Dr Zakir Naik is promoting terrorism. Ahmad Zahid said he had obtained information on several of Zakir's speeches in other countries, including in his home country India, and believes that the latter's speeches had been taken out of context.

Posted on 14 April 2016 - 09:41pm
Last updated on 15 April 2016 - 01:40am

Amar Shah Mohsen and Timothy Achariam
newsdesk@thesundaily.com

Ahmad Zahid tries his hand at making tosai at the tea reception hosted by the Gurdwara Sahib Sentul. — Sunpix by Zulkifli Ersal

KUALA LUMPUR: Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi has dismissed suggestions that controversial Muslim preacher Dr Zakir Naik is promoting terrorism.

Ahmad Zahid said he had obtained information on several of Zakir's speeches in other countries, including in his home country India, and believes that the latter's speeches had been taken out of context.

"From the information that I have, he did not mean it; he did not mean to promote terrorism. We saw that he was awarded the 'Tokoh Maal Hijrah' (in 2013) because of his contributions.

"It's only that he was seen as questioning other religions. Even though he is a medical doctor, his interest is to do dakwah, the preaching of Islam ... We believe he is a very wise man," he told a press conference after attending the 2016 National Level Key Target Area Seminar here today.

Earlier, Ahmad Zahid announced the allocation of RM400,000 to renovate and upgrade the Gurdwara Sahib Sentul.

He said the refurbishment of the gurdwara will be fully funded by the government and advised the Sentul gurdwara to channel the donations they get from the Sikh community to other gurdwaras that are in need.

"Therefore any donations this gurdwara gets, it should be channelled to help other gurdwaras in the country," he said when addressing the more-than-a-thousand-strong crowd at the Sentula gurdwara during the Vaisakhi celebrations.

Ahmad Zahid said although the Sikh community in Malaysia is a religious minority, the mutual respect among religious factions in Malaysia is what makes the nation unique.

Meanwhile, the Gurdwara Sahib in Petaling Jaya saw a crowd of about 5,000 to 7,000 devotees.

Vaisakhi marks the formation of the Khalsa in 1699 which formed the core of Sikhism and elevated it to newer heights.

http://www.thesundaily.my/news/1762212

DPM confirms Zakir's PR status

Malaysia to assist India in Dr Zakir Naik probe (Updated)

Filepix of preacher Dr Zakir Naik. — Bernama

Nonetheless, Ahmad Zaid who is also the Home Minister said Malaysia will assist India to investigate the Islamic Research Foundation president if that country made a request for legal assistance.

"I would like to confirm that he (Zakir) holds a permanent residence status but he is not a Malaysian citizen.

"He has been awarded with the permanent status about five years ago, even before i was appointed as Home Minister.

"If there is a request(from India) for our assistance, we are going to give full cooperation to India," Ahmad Zahid said after he officiated at the Human Ecology International Conference 2017 at Dorsett hotel here today.

Zahid was appointed home minister after Barisan Nasional won the 13th general election in May 2013.

He took over from Datuk Seri Hishammuddin Hussein, who is now the Defence Minister and a special functions minister.

On Sunday, Dr Zakir told the Indian government to look for him in Malaysia amid its plans to seek Interpol assistance in a terrorism investigation against him.

Dr Zakir accused the Indian authorities of practising double standards, and he is not willing to present himself before India's National Investigation Agency (NIA), claiming that instances of abuse are rife among Muslim activists.

He then urged NIA to investigate him at a neutral ground.

Earlier, The Times of India reported that the NIA had decided to seek Interpol in issuing a Red Corner Notice, aiming at curbing Zakir's movements.

A Red Notice is an international arrest warrant issued by Interpol. It was issued on behalf of the Indian government after Dr Zakir defied repeated summonses by it.

Earlier in his speech, Ahmad Zahid said future leaders must think unconventionally to transform the economic foundation, and place Malaysia in an advantageous position without succumbing to the
business powerhouses and greedy businessmen.

He said there is a rise of corporations that ignore national boundaries and demand a "level playing field" without respecting policies that protect a nation's interest.

"Economic warfare has given rise to unethical practices that deviate from Adam Smith's moral principles of economies that equal distribution of wealth is the basis of the social framework.

"Currency warfare and market monopolies are shrinking the money markets of most nations," Ahmad Zahid said.

http://www.thesundaily.my/news/2017/04/18/malaysia-assist-india-dr-zakir-naik-probe-updated

See also:

Madinah says negative publicity will not deter her from carrying out her duties as AG

KUALA LUMPUR: Tan Sri Madinah Mohamad (pix) has said the negative publicity, which had greeted her appointment as Attorney General will not deter her from carrying out her duties as auditor general.

The newly minted auditor general's partiality was questioned by the opposition after it revealed that her husband had professed loyalty at an Umno division meeting to Prime Minister Datuk Seri Najib Abdul Razak at a meeting.

But Madinah has put the negative publicity behind her and after two months in the job, she said it was an "enriching" experience and said she is focused on her tasks. She was appointed on Feb 20.

"All of that is behind me now because I'm now concentrating fully on my task, and I think I have a lot to deliver to the people and government," Madinah told reporters after delivering a lecture on Accountability in Financial Management in Education Sector at the Universiti Islam Antarabangsa here today.

Today was the first time Madinah had addressed the concerns raised about her partiality after her appointment.

Her husband Kepong Umno chief Datuk Rizuan Abd Hamid had at the division's annual meeting in October 2015, said he was willing to die for the Prime Minister.

"I am willing to die for Najib. Don't touch Najib. If I am to die, I want to die with Najib. This is our (Kepong Umno) vow. To die in politics is better than to die for nothing," he was quoted as saying in news reports.

Acknowledging the challenge of her new role as audit chief, Madinah said she has the full support of the National Audit Department in fulfilling her duties.

"I thank the government for appointing me. It is a challenging task of which I'm up for.

"I have the support of all those in the audit department and I look forward to presenting my first report to Parliament," she said.

Madinah said she her experiences as former secretary general of Science, Technology and Innovation Ministry and Education Ministry has helped her in the audit department.

Madinah, 60, holds a Bachelor of Arts (Hons) in Political Science from Universiti Sains Malaysia as well as a Master of Science in human resource development and a doctorate in human resource management from Universiti Putra Malaysia.

She thanked the media for waiting to interview her and simply smiled when asked whether there is any plan to declassify the final audit report on 1Malaysia Development Bhd (1MDB) report to the Public Accounts Committee (PAC), which was submitted in March 2016.

The 1MDB audit report is classified under the Official Secrets Act.

http://www.thesundaily.my/news/2017/04/26/madinah-says-negative-publicity-will-not-deter-her-carrying-out-her-duties-ag

Tuesday 25 April 2017

Social media abuzz with video of Dr Zakir's factual mistakes

A video highlighting apparent factual errors made by controversial preacher Dr Zakir Naik in one of his speeches has been making the rounds on social media.

Tuesday, 25 April 2017 | MYT 12:02 AM
BY DANIAL ALBAKRI

While the video currently getting rekindled attention was uploaded onto Facebook in 2013, the original video hails from 2011 and was put up by Evidence for God’s Unchanging Word, a religious website.

Most of the comments were critical of the preacher.

The video, which is just under six and a half minutes long, points out 25 alleged factual mistakes made by Dr Zakir during one of his talks about evolution.

In the video, the presenter, Pakistani American Christian apologist Nabeel Qureshi, goes through Dr Zakir’s talk and highlights what he said were the factual errors.

These included using wrong names for people and places, stating that Homo sapiens were extinct, as well as referring to scientific experts who do not appear to exist.

The video has been shared 1,337 times with 121 comments and 387 likes as of 10.50pm on Monday.

Dr Zakir has been in the spotlight recently after Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi confirmed that the controversial preacher was given PR status about five years ago.

Dr Zakir's Islamic Research Foundation has been declared an unlawful organisation by the Indian government.

http://www.thestar.com.my/news/nation/2017/04/25/social-media-abuzz-with-video-of-dr-zakirs-factual-mistakes/

Tuesday 18 April 2017

Zakir Naik: Barisan Nasional's Election Weapon? Koon Yew Yin

Earlier this year a group of 19 Malaysians from various NGO and faith based groups including prominent activists, Waytha Moorthy, Dr. Lim Teck Ghee and Siti Kasim initiated court action calling on the government to arrest Zakir Naik, the hate preacher.

Author: Koon Yew Yin | Publish date: Tue, 18 Apr 2017, 08:44 PM

I welcome the initiative which is long overdue.

Zakir has been visiting Malaysia for some years now. Each time he is here he heaps scorn and hate on other religions and engages in extremist and even terrorist-inciting activities.

The man is not a man of peace. He is actually a radical Islamic war monger in the same mould as ISIS and Al-Queda. In fact he approves of, or at least, has refused to condemn the two terrorist organizations. This has led several countries such as UK, Canada and Singapore to deny him entry.

Even moderate Muslims have condemned Zakir.

For example, Bangladeshi author Taslima Nasreen described Naik as “dangerous” because he “promotes 7th century Quranic texts on sex slaves, polygamy and wife beating in 21st century”. She said in a series of tweets that, “I listened to Zakir Naik's speeches. He cites Quranic texts and tries to justify. He's dangerous because it's dangerous to spread 7th century texts in the 21st century,”. Referring to the deadly attacks in Bangladesh by terrorists, she said that “Many Bangladeshi would-be-terrorists are inspired by Zakir Naik. He is not having machetes in hands. But his followers are having machetes in hands".

In Malaysia this court action has received much support from members of the public. Since then further developments should convince the great majority of Malaysians that Naik needs to have his PR status revoked and sent out of the country immediately; and we should not wait for any court action before this takes place.

The key development is the non-bailable arrest warrant recently issued against him in India in connection with a money laundering case.

This warrant has been issued by the National Investigation Agency of India whose mission is to combat terror in the country. According to the central probe agency although Naik has been served summons repeatedly, he has failed to appear before it.

Naik appears to be evading arrest too after some perpetrators of the Dhaka terror strike last year claimed they were inspired by him. According to one report he has been booked along with unnamed Islamic Research Foundation (IRF) officials under section 153-A (promoting enmity between different groups on grounds of religion and doing acts prejudicial to the maintenance of harmony) of the Indian Penal Code, besides various sections of the Unlawful Activities (Prevention) Act.

Is Zakir Naik UMNO's Vote Getter

The implications of Naik's continuing presence and freedom to preach religious-based intolerance and hatred is not just a black mark against UMNO.

It is the entire BN coalition of supposedly moderate, multi-religious parties who are at fault for allowing this terror specialist televangelist to be running around the country giving talks on the superiority of Islam over other religions, and Muslims over other communities.

I can understand UMNO closing both eyes to the presence of Naik as it is desperately trying to win the Muslim vote in the coming election but the other BN parties?

Surely these BN leaders are literate and can follow the news from India. At the very least, the other BN leaders should insist at the next Cabinet meeting on raising the issue as to why this fugitive from Indian justice has been permitted Malaysian PR status and to demand that this PR status be revoked.

It is not only the political parties and politicians who appear to be blind to the huge danger that Naik poses to our country's peace and security and good relationship with India.

But what about the neutral and independent public sector that is supposed to be safeguarding our peace and security?

What do the senior officials in Police, Immigration, Foreign Affairs and other relevant Ministries have to say since they have all presumably had a say in approving the PR status of this religious war monger?

Are the Malaysian authorities condoning a fugitive to seek refuge in Malaysia simply because he raises the flag of religion? If this is the case, we can be sure that we are well on the way to being labelled a pariah state.