Selangor Menteri Besar Dr Mohd Khir Toyo and five other parties have been cited for contempt of court following the demolition of a century-old Hindu temple in Semenyih late last month.

Lawyer P Uthayakumar, in his capacity as a concerned citizen on behalf of two-million Hindus in the country, initiated the contempt proceedings at the Kuala Lumpur High Cour today.

On Dec 18, 2006, Uthayakumar filed a suit against 10 government bodies to halt the demolition of Hindu temples throughout the country. He also filed for an injunction against any such demolitions until the case is disposed off. This case will be heard on Feb 15, 2007.

According to his affidavit submitted today, Uthayakumar said the Sri Muniswara temple in Semenyih was demolished by Kajang Municipal Council (MPK) officers on Dec 29, 2006.

The affidavit said temple caretaker R Suppiah handed a copy of the suit filed by Uthayakumar last month to MPK enforcement officer Khairani Idris in a last minute appeal against the demolition.

Uthayakumar claimed Khairani tore up the document and the temple was subsequently demolished. A photocopy of the torn document was attached to Uthayakumar's affidavit as evidence.

The affidavit added that Suppiah had tried to furnish the documents to MPK three days prior to the demolition but failed to obtain an official acknowledgment of receipt.

The other parties cited for contempt include MPK president Zainal Abidin Arshad, Hulu Langat district officer Zainal Abidin Aala, Housing and Local Government Ministry chief secretary Ahmad Fuad Ismail, Khairani and agents or workers of the respondents.

Public knowledge

Speaking to reporters today, Uthayakumar's counsel M Manoharan said until the court had decided on the suit, all parties should observe status quo because there were no provisions in the law that allows demolition of places of worship.

"What was even more disheartening was that one officer threw and tore a court document. That is contempt of a serious nature. This is an application to commit all those who have went ahead without respecting the application and proceeding that is pending in court," he added.

Manoharan added that he would apply for the courts to fix committal proceedings on the same day where the original suit would be heard, which is on Feb 15.

To a question, Uthayakumar said while the suit was not served onto MPK, the matter was widely reported in major dailies on Dec 19, 2006.

"Its public knowledge. They can't say they didn't know about it," added the lawyer.

Uthayakumar said MPK had served a notice on the temple caretakers informing them that the temple was 'squatting'.

He added that it cannot be defined as such because the temple was on private land and had existed before independence and the formation of MPK.