IGP Clarifies Protestors Not Seditious. Now They Plan To Check Church's Legality

The Home Ministry has defended the Inspector-General of Police’s decision not to classify the Taman Medan "cross" protest as an offence under the Sedition Act.

The home minister said in a written reply to Puchong MP Gobind Singh Deo that the police are investigating the 40 protesters under Section 448/5111 of the Penal Code for trespass.

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"The statement made by the inspector-general of police (IGP) was based on a report which the police in their preliminary findings had classified as attempted intrusion," said Home Ministry in the parliamentary written reply yesterday. The ministry said it was the police’s responsibility to classify every complaint received for the purpose of investigation.

It added that the police were in the midst of completing the probe and gathering evidence before the investigation papers are submitted to the Attorney-General’s Chambers for the next course of action. Gobind, in his question, had asked the ministry whether it would take action against the IGP for declaring that the protest was not an offence under the Sedition Act.

Taman Medan's Community of Praise Petaling Jaya church, senior pastor Pastor Paul Packianathan choked back tears as he thanked Malaysians for the overwhelming support. Speaking after the Sunday service on 26 April, he said the church had forgiven the protestors who staged a demonstration outside the church last Sunday. "We do not hold any grudge. We pray for forgiveness for all. If they are here I will hug them now," he said.

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The church congregation will wait for divine enlightenment before deciding whether to put up their cross on the shoplot facade. "We are waiting for the Lord to direct us on what we should do next," said senior pastor Paul Packianathan. He also voiced full support for pastor Victoria Selammal's decision to agree to take down the cross last week. "I applaud her composure and for keeping the Sunday service going then," he said.

He condemned the circulation of pictures of Abdullah Abu Bakar, showing him in a casino, saying it was "pure character assassination". Mr Abdullah has said he had acted as an intermediary between the protesters and the church. The pastor said Mr Abdullah was not described in the police report as an angry presence at the protest. He also rubbished reports that claimed the church was only two days old and had only 15 members in the congregation.

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Social activist Azrul Mohd Khalib, who came with 15 other members of Malaysians for Malaysia, presented flowers to the pastors and the church congregation in a show of solidarity and support for the community. "We feel for you in this trying time. We believe in freedom of religion, it's enshrined in the Federal Constitution. We should be able to worship in the way we want. "Honestly speaking, we are all brothers and sisters," he added.

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“We have classified the case as sedition following our information gathering,” confirmed Deputy Inspector of Police Noor Rashid Ibrahim the media reports on 23 April. He did not explain why the protesters were treated lightly by the authorities compared with the harsh treatment meted out to Opposition leaders and human rights activists under the same Act. He said police had recorded statements from the church as well as the people involved in Sunday’s protest.

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Selangor Menteri Besar Mohamed Azmin Ali said the cross was a sacred symbol of the Christians and people of other faiths would have to respect that. "Yes, it is not a problem. In fact, the question is, why was the church forced to remove it? This is because the cross is a sacred symbol to the Christian community and society has to respect that," he told reporters at the state secretariat building in Shah Alam. Azmin also said stern action must be taken against those who protested against the church.

Meanwhile, Selangor police chief Datuk Abdul Samah Mat said church members need not worry about their safety as his officers were in constant contact with the representative of the house of worship. “I have instructed for more patrolling in the area and the church management can call my officers if there is trouble,” said Samah.

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Police have recorded the statements of 10 people who were involved in the Taman Medan “cross” protest. Selangor police chief Senior Deputy Comm Datuk Abdul Samah Mat said, however, no arrests have been made. He said police have yet to determine if there were any criminal elements in the protest, which saw a church being made to bring down a cross on its shop lot facade.

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Abdul said the 10 were called in and questioned on 22 April. "No arrests have been made as investigations are still not complete. "Once it is done, we will determine if there were any criminal elements and then we will make arrests," he told The Star on Thursday.

"No one will be excluded in the investigation. We will review their statements and will determine whether an offence exists in the case. We will carry out thorough investigation and if there is an offence, legal actions will be taken against them," Selangor police chief Datuk Seri Abdul Samah Mat told the New Straits Times.

Abdul Samah added that police will determine which Act the identified protesters will be investigated under only after they have taken the statements from them. "I do not have to reveal how many have been called as of now as investigation is still ongoing. Let us continue our work. For now we are recording statements," he said.

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The older brother of Inspector-General of Police Tan Sri Khalid Abu Bakar was summoned on 22 April to the Petaling Jaya district police headquarters to have his statement taken over the cross protest in Taman Medan. It is learnt that Datuk Abdullah Abu Bakar was the first individual called up by police for questioning over the incident.

Abdullah, who is also Taman Lindungan Jaya Umno branch chief, arrived at the district police headquarters at about 4.07pm, and and left a few hours later.

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"They (police) asked me all aspects and I answered. They didn't tell me under what Act they were investigating," Abdullah said. When asked to divulge details of the four-hour long meeting, including the questions asked, he refused to comment.

Selangor police launched an investigation into the Taman Medan church protest after the pastor of the church, Victoria Selammal, lodged a report at the Petaling Jaya police station on Tuesday.

In her report, Victoria detailed that she was approached by an officer from the Petaling Jaya special branch during Sunday's service at 11am and was told that several members of the protest wanted to have a word with her. She met Abdullah, former Petaling Jaya Selatan Umno Wanita chief Munaliza Hamzah and another "man dressed in a red shirt and black songkok" after the service ended, though the congregation stayed in the church building due to the protesters outside.

"She said the man wearing the songkok was livid and ordered the church to take down the cross. Taking into account the situation and in fear for the safety of the church and herself, she did not want things to drag on and agreed to take down the cross at 1pm," said a source.

"After the protesters had left at about 2.30pm, Datuk Abdullah had told her that he intended to report the church to the PJ City Council. The pastor said nothing," the source said, quoting Victoria's report. Abdullah's role or involvement in the protest was not specified in the report.

The Cabinet agreed on Tuesday that police must investigate the protest by a group of residents against a church in Taman Medan, and warned that action could be taken under the law.

"Police will investigate the group that protested in Taman Medan. If they are found to have violated any laws, action can be taken under the Sedition Act or other laws," Najib said in a statement Tuesday evening.

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The Sedition Act aims to ensure peace and racial harmony in the country and it protects all religions and races, he added.

"People must always comply with the national laws and respect all religions as enshrined in the constitution. In addition, we should exercise tolerance and mutual respect between people of different religions," he said.

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"We are of the opinion that protestors should have discussed the matter with the relevant parties if they had objections and should not have taken action that could have caused unrest in our multiracial society,” Najib said in a statement yesterday.

He also said that the Selangor government had the power to determine if the shop lot had been registered as a place of worship and given the permission to be used as a church.

"Article 11(3) states that each religion has a right to acquire property and to regulate their own affairs without any approval," MCCBCHST president Jagir Singh told The Malaysian Insider. "So the question of illegality does not, at all, arise here."

Jagir said that Article 11 meant that the act of worship, even if done at a commercial building, was not illegal.

"I don't know whether we require a licence to be able to pray... I don't think you do," the lawyer said in jest. "Worship can be done in every house, in every shop in commercial areas. You don't need special permission for that. Those who have shops have altars in their premises and pray... does this mean they require a licence to do so?"

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The Selangor government has advised the Taman Medan, Petaling Jaya church to return the cross to its place in a meeting this morning between the Hesi committee (state committee on non-Islam affairs) and church representatives.

Since 2008, places of worship can operate in commercial units without permits, as long as the Hesi committee is notified, executive council (exco) member Elizabeth Wong said.

"We have advised the church to return the cross to its origin site to stop this precedent of mob rule by politically-aligned extremists," she said in a statement. She added while non-Muslim places of worship can operate in commercial units without a permit, stand-alone places of worship must adhere to existing guidelines.

"We call upon the Royal Malaysian Police to take this matter very seriously in order to ensure the safety of worshippers are protected at all times and there will be no repeats of such cases in Selangor." Others present include MBPJ councillors FK Tang and Peter Chong, Petaling Jaya Selatan MP Hee Loy Sian and assemblypersons Hannah Yeoh and R Rajiv.

In the meeting, the church clarified that it has been serving Christians in the community since August 2014, and put up the cross outside its premises on April 17, she said.

PJ City Council (MBPJ) public relations officer Zainun Zakaria said a three-hour licensing data check has revealed that the shop lot used as a church “does not have a license to operate as a place of worship”. It was also revealed that the church at Metro Square PJS2B/3 had no permit to put up a cross on its building.

Zainun said the church could make a written application for a licence.

“Shop lots that are converted into places of worship or meditation centres must comply with Act 133 Section 70(12) and a written application to the activities described must be submitted for approval. We need this compliance as to ensure the safety of the people using the building,” she said.

She added that all places of worship intending to display a logo or symbol on the building must comply with the council’s permit. “Be it a lotus, trident or a cross, a council permit is needed,” said Zainun. MBPJ officers went to the shop lot on Monday to meet with church representatives however, no one was around at the time.

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The Home Minister declared at a press conference that the protesters, one of whom is the brother of Inspector-General of Police Tan Sri Khalid Abu Bakar, will face action for sedition.
Asked if the protest was seditious, he said anyone who infringed on another’s religion would be subjected to the Sedition Act.

“Of course. Yes. Yes. Yes, action is to be taken. Whoever,” said Dr Ahmad Zahid. He stated “I am very colour blind and police are colour blind. Whoever. Action has to be taken and will be taken."

Asked if Umno members found to be involved in the protest would face disciplinary action, Zahid, who is also Umno vice-president, was reported as saying that party members ‎who had joined in the protest would have disciplinary action taken against them. "Of course, of course, of course... Because they are breaching the law. In Umno, we have to respect other religions. They have to face the consequences," he was quoted saying.

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All parties should not harp on the Taman Medan issue as it involved sensitive matters, said Tan Sri Khalid Abu Bakar. The Inspector-General of Police said the issue has died down and therefore would not serve anyone to discuss about it further. "I appeal to everyone to let this matter go. He reminded all to not play racial and religious sentiments as it might jeopardise the peace and harmony in the country..

Sisters in Islam (SIS) said in a press statement on 20 April that the incident seemed like elements of dangerous extremists, which should be rejected by all Malaysians.

“As the majority, we should show nobility and respect to minorities and not be proud and insensitive,” a SIS representative said in a press statement. SIS said that forcing the church to remove a cross from its building, violates the people’s freedom and violates Article 11 of the Federal Constitution.

“For a country of multi-races and religions, it is important for every person to respect another’s religion,” SIS said it was unreasonable for the group to protest against the cross just because they felt it would shake the faith of young Muslims. “The cross was already a physical identity in any church in Malaysia and around the world, and not a symbol that has magical powers that can shake the faith of any Muslim.

“As Muslims, they should have strong faith that Allah is the absolute power and there is no need to be afraid over a symbol of another religion,” the statement read. SIS said there was never a report in Malaysia that a young Muslim had changed faith after looking at a cross on a Church building.

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The Council of Churches Malaysia (CCM) general-secretary Reverend Dr Hermen Shastri, in condemning the protest, said that the council was not surprised that such an incident had taken place yet again in the state, which is ruled by the federal opposition coalition, Pakatan Rakyat. "It is obvious that there is a political agenda behind such acts from certain quarters, who are out to instigate and increase inter-religious tensions in the state," he said in a statement on 20 April.

"The CCM wishes to register its discontent and displeasure, at the way a small group of demonstrators at Taman Medan had taken the law into their own hands, by disrupting the worship of a church and making religiously insensitive demands that pertain to the sacred symbol of Christians. The churches will categorically oppose any action that disrupts inter-religious harmony in the country," Shastri added.

He also noted that he believed that the majority of Malaysians would show their opposition, towards those seeking to disrupt and deny the right of people to worship, and display religious symbols at places of worship.

"Our council urges the state authorities to come to the aid of this small and vulnerable congregation, traumatised by a small group of demonstrators. The council also calls on the authorities to take firm measures against anyone, who seeks to disrupt the worship of others, and, seek to act above the law by imposing their religious views, upon people of other faiths, by show of mob force," he added.

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Constitutional lawyer New Sin Yew said the church in Taman Medan has the right to put up the religious symbol as an integral part of their Christian faith. “Houses put up crosses and altars for their religious practice and beliefs. If putting up a cross is a form of propagation, then no one will be allowed to put up any religious symbols anywhere anymore,” the lawyer said.

To illustrate, he said iconic structures such as the Lord Murugan statue at Batu Caves and the statue of Kuan Yin, the Goddess of Mercy in Buddhism, at the Kek Lok Si Temple in Penang that would be prohibited.

Article 11 of the Federal Constitution states that everyone has the right to profess, practise and propagate their faith, but state and federal law may restrict the propagation of other religions to Muslims.

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Civil liberties lawyer Syahredzan Johan said displaying a cross on its building does not amount to propagation of the Christian faith to Muslims. He said that according to the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988, propagation offences require more than merely placing a religious symbol. “There must be the element of persuading, influencing or inciting a Muslim to change faith for it to be an offence under the Selangor enactment,” Syahredzan stated.

He also denounced as “absurd” the protesters’ claim that the church cannot put up the cross because it is located in a Malay-majority area. “The rights of minorities cannot be subjected to the whims and fancies of the majority,” said Syahredzan. “How many Christians must there be in an area for it to be acceptable to place a cross? 10 per cent? 20 per cent? 30 per cent? Any number one comes up with will be arbitrary, and in any event, Christians are a minority everywhere in Malaysia.

“The claim that the cross will influence Muslims has absolutely no basis. It’s quite insulting to Muslims, actually, as if our faith is wafer thin that any exposure to non-Islamic religions will destroy it,” the lawyer added.

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Lawyers for Liberty co-founder Eric Paulsen urged authorities to protect minority rights and to uphold the principles of non-discrimination and equality, failing which Malaysia’s democracy would amount to the “tyranny of the majority”. “Using the [Taman] Medan protesters’ absurd logic, Muslims in Myanmar and Sri Lanka would also have to be subservient to the rights of the majority Buddhists,” Paulsen states “This is of course wrong and unacceptable as under a democracy, the rights of all citizens must be protected equally irrespective of the numerical strength,” he added.

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On 19 April, about 50 residents staged a peaceful protest against a new church situated in a shop lot in Taman Medan after the congregation there put up a cross on the church building.

The group, which gathered at about 10am on Sunday while church service was going on, contended that the sight of the cross in a majority Muslim area challenged Islam and could influence younger minds.

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The protesters had carried several placards among them which read, "do not create anger among Muslims" and "Taman Medan state assemblyperson is sleeping". One protestor declared, "we do not want any quarters to put up a cross in an area that is 90 percent Muslim." Another youth who wore a mask shouted, "we want that thing to be taken down or we will do it."

It was reported that a few protesters had threatened a journalist and said “you better write about us nicely, or else”. Some held on to his shirt as he interviewed protesters.

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The group's leader, Datuk Abdullah Abu Bakar later pacified the group and spoke with the church's priest on their behalf. "After meeting with the priest, the church agreed to take down the cross by next Sunday. If they have the authority to run, we cannot stop it," he said. "But we ask out of concern, being a Malay area, that they take down the cross."

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Police arrived at the scene at around 10.30am to control the crowd as Sunday service was ending and acted as intermediaries between protesters and church leaders. The congregation of the church, of about 15 people, requested privacy when approached.

Inspector-General of Police Tan Sri Khalid Abu Bakar said the police did not see any criminal element in the Taman Medan's protest that led to the voluntary removal of a cross from a church’s façade. He said at a news conference at the police headquarters in Bukit Aman, “we don’t see it as seditious because it did not touch on Christianity. It was just about the location of the church,” In this issue we must be very careful. The cross was taken down at the request of the community and was agreed to by the pastor,” he added.

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Abdullah, who is Taman Lindungan Jaya Umno branch chief, confirmed on 20 April that “the next move is this, we want to know if the church has the authority to operate and we will be meeting with the necessary authorities in Petaling Jaya to clarify this. If the church is found to be operating illegally then we hope necessary enforcement will be taken against it,” on the NGO's plans.

However, he was quick to stress that neither he nor the protesters are against any followers of any faiths setting up temples or churches in the area. He said the protesters merely found that it was “insensitive” of the church to display such a huge cross on its facade when it is located in a Muslim-majority area.

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When informed that it is a norm for churches to usually display crosses outside their buildings and why the particular church in Taman Medan was singled out for the protest, Abdullah said he is “unable to comment about others”.

He pointed out that no one can challenge the authorities if they had sanctioned the church’s operation.“We are not against anyone’s religious freedom, but they have to be sensitive to the Muslims. We do not display Allah symbols outside our mosque, but we still pray inside. We leave it to the authorities to decide... this is a very difficult issue, he added.

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