A Deepavali challenge to Government by leading writer

MyGOoDfriend KimQuek resident in Johor Baru, and now facing a ban for his recent second released book -- “The March to Putrajaya -- has spiritedly his case tothe courts, and hopefully, he can still get a "fair hearing"....This government allows, maybe even encourages the ilks of PERKASA President toady Ibrahim Ali and cohorts like Ridhuan Tee Abdullah, to publish all sorts of RACIALLY INCITEFUL articles and statements, and yet they don't receive any "ban", but clear thinking and insightful penmen like KimQuek, are hounded, for being bold and civil minded to ponder on issues that our nation faces.

Malaysia, Quo Vadis? -- YL,Desi



Kim Quek’s Press Statement



5th November 2010



I have taken steps to challenge the legal legitimacy of recent government action to confiscate and ban my book “The March to Putrajaya”.



My lawyers, Kanesalingam & Co., applied to the High Court at Kuala Lumpur on Nov 4 for leave to apply for judicial review to a) declare the police seizure of my books null and void and b) to remove the Home Minister’s subsequent order to ban the book .



On 19th August 2010, police swooped on bookshops in various parts of the country to seize and remove my books without proper legal ground. My lawyers wrote to the police on Sept 15 to request for the return of the books. Then, without any announcement, the Minister signed an order on Sept 22 to ban the book, followed by gazetting the ban on Sept 27. But it was not until Sept 30 that Bernama announced the book ban, quoting the Ministry’s Secretary General for the various reasons for the banning. I promptly rebutted in a press statement the next day – Oct 1 – that the reasons given were unfounded.



Yes, my book contains criticism of the Barisan Nasional government, but these are comments and analysis based on facts that are already in the public domain and facts that have not been properly refuted by the criticized parties.



I have also advocated a change of government due to the lack of meaningful reforms by the incumbent political power.



All these are legitimate political discourse and I have only been exercising my right under the constitution to express my views.



Should any party consider himself injured by what he considers as fraudulent presentation and malicious slander by me, then it is for the party concerned to sue me. But to let loose the police on a rampage to harass the bookshops and worse, to arbitrarily ban the book simply because it is deemed detrimental to the political fortune of the ruling party, is the height of lawlessness that must be unequivocally condemned by every democratic society.



There have been far too many instances of wanton harassment of bookshops, publishers and writers and whimsical banning of books by the authorities, now that the show down between the two political protagonists appears to be imminent. It is high time that people who still cherish the democratic way of life make a concerted effort to put a stop to this stifling of free aspiration of our people.



Facing such brutish treatment from the executive, where can citizens seek their recourse other than the Judiciary, which is the third independent pillar of our system of governance that is entrusted to safeguard the citizens’ rights?



It is with this in mind that I have embarked on the present legal course with the earnest hope to make a contribution towards the democratization of our country.



Kim Quek.