E Contrario

I received a reply from the Secretary of Dewan Rakyat yesterday (24 June) informed me that my question on Waytha Moorthy was rejected.

I submitted a question to the Home Minister requesting clarification whether Waytha Moorthy who is now living in exile in UK would be arrested upon his return. If yes, under what act?

The ground of rejection cited was Standing Order Section 23 (1) (h):

a question shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal case or the answer to a hypothetical proposition;

However my question was very specific. In other words, whether the Government had issued warrant of arrest and prepared legal action against the Hindraf leader.

Hindraf had been described as a threat to national security and said to have links with Tamil Tigers. 5 Hindraf leaders are still under ISA detention. The fact that they are not released means that the Government maintains that Hindraf could still undermine national security. If so, why should the Government stay idle and let Waytha Moorthy running loose to “defame” national image.

As a citizen, Waytha Moorthy also has a right to know whether he is viewed as national enemy or a criminal. A clarification from the Minister would allow him to defend himself, from overseas or upon return to our homeland.

Unfortunately the Home Minister continuously evades the issue. At the same time he can continue to wave the ISA against our own citizens.

The case demonstrates the irrationality and non-transparency of the act. On 23 June we were heard that Sri Lankan businessman B.S.A. Tahir has been freed from the ISA.

Tahir who was linked to SCOMI was arrested in 2004 for alleged involving in smuggling nuclear weapons. The Home Minister simply announced that he is no longer a threat to national security. Nobody what led the Home Minister to such conclusion.