P. Uthayakumar
Encyclopedia
Uthayakumar s/o Ponnusamy (born 7 November 1961) is a Malaysian lawyer
of Tamil
origin. He is the older brother of P. Waytha Moorthy
, the Hindu Rights Action Force
(HINDRAF) lawyer who headed a team of lawyers to file a class action
suit against the United Kingdom
for "abandoning minority Indians to the mercy of majoritarian Malay rule
while granting independence on August 31, 1957".
Although Uthayakumar is only a legal advisor of HINDRAF, a coalition of several non-governmental organization
s, he is regarded as the de-facto leader of HINDRAF.
to work as a labourer in a rubber
estate.
Uthayakumar was brought up in Kelantan
, where 99 percent of the population is Malay, 0.9 percent Chinese
and 0.1 percent Indian. This enabled him to speak fluent Kelantan Malay. He revealed that he had a Malay girlfriend for five years, but because he had to convert to Islam
to marry her, Uthayakumar had to go his separate way. In an interview with Malaysiakini
, Uthayakumar said that he was very patriotic to the point that he called himself a Malaysian and at one point refused to visit India. He also wore a pin of the Malaysian flag on his blazer during his student times, despite the fact that his friends poked fun at him. When Uthayakumar started his legal firm, he put a Malaysian flag on his working desk. Uthayakumar took off the flag after the Kampung Medan incident because;
Uthayakumar then said that he had no problems with the Malay people
as much as he had problems with the UMNO led government.
, P. Waytha Moorthy
and V. Ganapathi Rao were arrested at 11:00 p. m. and detained until 8:00 a. m. the following morning for taking part in a demonstration against the demolishment of a Hindu
Shrine in Kuala Lumpur
. All of the lawyers then filed a suit against seven defendants including the government for the "unlawful arrest" on November 5, 2007. They are seeking 20 million Malaysian Ringgits
each in compensation
while Waytha Moorthy is seeking 25 million.
was raided by the police to search for a book deemed seditious under the Sedition Act. The police were unable to find the book but instead confiscated some fliers. When Uthayakumar called his brother's (Waytha Moorthy Ponnusamy
) office in Seremban
, which was also being raided at the same time, he scolded two police officers for recording the legal office staff's statements and slammed them for not following procedure.
. He was given a discharge later for an error on the part of the prosecution.
's tires were slashed. In his police report, Uthayakumar stated that he suspects the United Malays National Organization (UMNO) to be behind the slashing. He also stated that a car bearing licence plate number AFL5280 was spying on him for the past eight months and that should anything happen to him, he would hold UMNO's top leadership responsible.
charge. Despite the fact that the maximum fine for sedition in Malaysia is 5,000 Malaysian ringgits, bail was set at 50,000 Malaysian ringgits. After Uthayakumar posted bail, he was immediately rearrested and brought to Pudu prison. The charges against Uthayakumar were dropped soon after and he was released on December 12, 2007.
, V. S. Ganapathy Rao, K. Kengadhadran and T. Vasantha Kumar were arrested under the Internal Security Act
(ISA). Some sources say that the arrest on December 13 was chosen to symbolize the May 13 incident. Uthayakumar left two parting videos for his supporters saying that he had expected his arrest under the ISA. Uthayakumar thanked HINDRAF
supporters for their support and reminded them to be peaceful and not to resort to violence. He was released from ISA detention in 2009.
.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
of Tamil
Tamil people
Tamil people , also called Tamils or Tamilians, are an ethnic group native to Tamil Nadu, India and the north-eastern region of Sri Lanka. Historic and post 15th century emigrant communities are also found across the world, notably Malaysia, Singapore, Mauritius, South Africa, Australia, Canada,...
origin. He is the older brother of P. Waytha Moorthy
Waytha Moorthy Ponnusamy
Waytha Moorthy Ponnusamy sometimes spelt Waythamoorthy is a Malaysian lawyer of Tamil origin who is currently a member of the HINDRAF campaign to fight discrimination against Malaysian Hindus.-Early life:...
, the Hindu Rights Action Force
HINDRAF
HINDRAF or Hindu Rights Action Force ; Chinese:兴权 with its slogan of People's Power மக்கள் சக்தி ) began as a coalition of 30 Hindu non-governmental organizations committed to the preservation of Hindu community rights and heritage in a multiracial Malaysia...
(HINDRAF) lawyer who headed a team of lawyers to file a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
suit against the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
for "abandoning minority Indians to the mercy of majoritarian Malay rule
Ketuanan Melayu
Ketuanan Melayu is a political concept emphasizing Malay preeminence in present day Malaysia. The Malays of peninsular Malaysia claimed a special position and special rights owing to their long domicile and the role of the Malay rulers of the nine Malay states...
while granting independence on August 31, 1957".
Although Uthayakumar is only a legal advisor of HINDRAF, a coalition of several non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s, he is regarded as the de-facto leader of HINDRAF.
Early life
Uthayakumar was born on 7 November 1961 to Ponnusamy s/o Arunasalam, a train driver who was a first generation immigrant. Uthayakumar's paternal grandfather, Arunasalam was a citizen of British India in present day India. Arunasalam was brought into Malaysia then known as MalayaFederation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
to work as a labourer in a rubber
Rubber
Natural rubber, also called India rubber or caoutchouc, is an elastomer that was originally derived from latex, a milky colloid produced by some plants. The plants would be ‘tapped’, that is, an incision made into the bark of the tree and the sticky, milk colored latex sap collected and refined...
estate.
Uthayakumar was brought up in Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....
, where 99 percent of the population is Malay, 0.9 percent Chinese
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
and 0.1 percent Indian. This enabled him to speak fluent Kelantan Malay. He revealed that he had a Malay girlfriend for five years, but because he had to convert to Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
to marry her, Uthayakumar had to go his separate way. In an interview with Malaysiakini
Malaysiakini
Malaysiakini is a political news website published in English, Malay, Chinese and Tamil. Since its launch on November 20, 1999, it has been widely considered to be one of the leading non-government owned paid-news agencies in Malaysia. Compete.com estimates that Malaysiakini now attracts over...
, Uthayakumar said that he was very patriotic to the point that he called himself a Malaysian and at one point refused to visit India. He also wore a pin of the Malaysian flag on his blazer during his student times, despite the fact that his friends poked fun at him. When Uthayakumar started his legal firm, he put a Malaysian flag on his working desk. Uthayakumar took off the flag after the Kampung Medan incident because;
Uthayakumar then said that he had no problems with the Malay people
Malay people
Malays are an ethnic group of Austronesian people predominantly inhabiting the Malay Peninsula, including the southernmost parts of Thailand, the east coast of Sumatra, the coast of Borneo, and the smaller islands which lie between these locations...
as much as he had problems with the UMNO led government.
HINDRAF
Uthayakumar is the legal advisor of HINDRAF which is not in good terms with the Malaysian Government.Arrest on October 30, 2007
On October 30, 2007, Uthayakumar and other HINDRAF lawyers — M. ManoharanM. Manoharan
Manoharan s/o Malayalam more commonly known as M. Manoharan is a prominent Malaysian lawyer and currently the State Assemblyman for Kota Alam Shah in the Selangor State Assembly. He is a member of the Democratic Action Party....
, P. Waytha Moorthy
Waytha Moorthy Ponnusamy
Waytha Moorthy Ponnusamy sometimes spelt Waythamoorthy is a Malaysian lawyer of Tamil origin who is currently a member of the HINDRAF campaign to fight discrimination against Malaysian Hindus.-Early life:...
and V. Ganapathi Rao were arrested at 11:00 p. m. and detained until 8:00 a. m. the following morning for taking part in a demonstration against the demolishment of a Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
Shrine in Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
. All of the lawyers then filed a suit against seven defendants including the government for the "unlawful arrest" on November 5, 2007. They are seeking 20 million Malaysian Ringgits
Ringgit
Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...
each in compensation
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
while Waytha Moorthy is seeking 25 million.
Office raid on November 19, 2007
On November 19, 2007, Uthayakumar's office in Kuala LumpurKuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
was raided by the police to search for a book deemed seditious under the Sedition Act. The police were unable to find the book but instead confiscated some fliers. When Uthayakumar called his brother's (Waytha Moorthy Ponnusamy
Waytha Moorthy Ponnusamy
Waytha Moorthy Ponnusamy sometimes spelt Waythamoorthy is a Malaysian lawyer of Tamil origin who is currently a member of the HINDRAF campaign to fight discrimination against Malaysian Hindus.-Early life:...
) office in Seremban
Seremban
Seremban is the capital of the Malaysian state of Negeri Sembilan, located within the district of Seremban, one of the seven districts of Negeri Sembilan. The town's administration is run by the Seremban Municipal Council or Majlis Perbandaran Seremban...
, which was also being raided at the same time, he scolded two police officers for recording the legal office staff's statements and slammed them for not following procedure.
Arrest for HINDRAF rally
Police arrested Uthayakumar in the morning of November 23, 2007 to prevent him from taking part in the 2007 HINDRAF rally2007 HINDRAF rally
The 2007 HINDRAF rally was a rally held in Kuala Lumpur, Malaysia, on November 25, 2007. The rally organizer, the Hindu Rights Action Force, had called the protest over alleged discriminatory policies which favour ethnic Malays...
. He was given a discharge later for an error on the part of the prosecution.
Uthayakumar's car
On 8:00 a.m. December 3, 2007, Uthayakumar discovered that his Volvo 240Volvo 200 series
The Volvo 200 series is a range of large family cars , produced by Volvo from 1974 to 1993, with more than 2.8 million units sold worldwide. The 200 series was essentially an updated version of the 140; both were designed by Jan Wilsgaard. It shared the same body, but included a number of...
's tires were slashed. In his police report, Uthayakumar stated that he suspects the United Malays National Organization (UMNO) to be behind the slashing. He also stated that a car bearing licence plate number AFL5280 was spying on him for the past eight months and that should anything happen to him, he would hold UMNO's top leadership responsible.
Rearrest for sedition charges
Uthayakumar was arrested on December 11, 2007 to face a fresh seditionSedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
charge. Despite the fact that the maximum fine for sedition in Malaysia is 5,000 Malaysian ringgits, bail was set at 50,000 Malaysian ringgits. After Uthayakumar posted bail, he was immediately rearrested and brought to Pudu prison. The charges against Uthayakumar were dropped soon after and he was released on December 12, 2007.
Arrest under Internal Security Act
On December 13, 2007, Uthayakumar and other HINDRAF members M. ManoharanM. Manoharan
Manoharan s/o Malayalam more commonly known as M. Manoharan is a prominent Malaysian lawyer and currently the State Assemblyman for Kota Alam Shah in the Selangor State Assembly. He is a member of the Democratic Action Party....
, V. S. Ganapathy Rao, K. Kengadhadran and T. Vasantha Kumar were arrested under the Internal Security Act
Internal Security Act (Malaysia)
The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
(ISA). Some sources say that the arrest on December 13 was chosen to symbolize the May 13 incident. Uthayakumar left two parting videos for his supporters saying that he had expected his arrest under the ISA. Uthayakumar thanked HINDRAF
HINDRAF
HINDRAF or Hindu Rights Action Force ; Chinese:兴权 with its slogan of People's Power மக்கள் சக்தி ) began as a coalition of 30 Hindu non-governmental organizations committed to the preservation of Hindu community rights and heritage in a multiracial Malaysia...
supporters for their support and reminded them to be peaceful and not to resort to violence. He was released from ISA detention in 2009.
Personal life
Not much is known about Uthayakumar's personal life. However, it is known that he is not married, and has a fiancée, S. Indradevi. He is also the elder brother of HINDRAF chairman, P. Waytha MoorthyWaytha Moorthy Ponnusamy
Waytha Moorthy Ponnusamy sometimes spelt Waythamoorthy is a Malaysian lawyer of Tamil origin who is currently a member of the HINDRAF campaign to fight discrimination against Malaysian Hindus.-Early life:...
.
See also
- HINDRAFHINDRAFHINDRAF or Hindu Rights Action Force ; Chinese:兴权 with its slogan of People's Power மக்கள் சக்தி ) began as a coalition of 30 Hindu non-governmental organizations committed to the preservation of Hindu community rights and heritage in a multiracial Malaysia...
- Hindu Rights Action Force - Human Rights Party Malaysia (HRP)
- 2007 HINDRAF rally2007 HINDRAF rallyThe 2007 HINDRAF rally was a rally held in Kuala Lumpur, Malaysia, on November 25, 2007. The rally organizer, the Hindu Rights Action Force, had called the protest over alleged discriminatory policies which favour ethnic Malays...