FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:

Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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29 December 2018

Court dismisses bid to postpone takeover of Sri Maha Mariamman temple site !






SOURCE:
https://www.nst.com.my/news/nation/2018/11/435558/court-dismisses-bid-postpone-takeover-sri-maha-mariamman-temple-site

Court dismisses bid to postpone takeover of Sri Maha Mariamman temple site






The High Court today dismissed with costs an application by three devotees of the Seafield Sri Maha Mariamman Temple in USJ 25 near Subang Jaya to defer implementation of the interim consent judgment and writ of possession by One City Development Sdn Bhd, the developer-owner of the temple site. (NSTP Archive)


By Bernama - November 29, 2018  
SHAH ALAM: The High Court today dismissed with costs an application by three devotees of the Seafield Sri Maha Mariamman Temple in USJ 25 near Subang Jaya to defer implementation of the interim consent judgment and writ of possession by One City Development Sdn Bhd, the developer-owner of the temple site.
Judge M. Gunalan made the decision in chambers with regard to the application by the plaintiffs, namely S. Thangaraju, 37, M. Mohanakrishnan, 59, and S. Nagarajah, 52

Besides One City Development, the trio had also named as the defendants one K. Chellappa; one M. Nagaraju; the Selangor Town and Country Planning director and the Selangor government.

Lawyer Claudia Cheah Pek Yee, for One City Development, said to reporters after the proceedings that the court decided, among other things, that the plaintiffs had no locus standiand that One City Development is the rightful owner of the land where the temple stands.
The plaintiffs had filed the application on Nov 12 to postpone the implementation of the interim consent judgment of March 11, 2014, and writ of possession that was to have been executed on Nov 22.
On Nov 10, they had also sought a court order to nullify the consent judgment and an injunction to prohibit the defendants and others from entering the temple compound and using coercion to take possession of the temple site.
The issue of the relocation of the temple triggered riots early Monday and Tuesday near the temple, resulting in a firefighter being seriously injured, several other people also hurt, 23 cars torched and a section of the One City Mall damaged.
The police have arrested 30 people so far to assist in the investigation into the riots. -- Bernama


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