Sambasivam Case : Sultan May Reconsider Sentence

 

Malaya Tribune - 18 May 1949

New Delhi - Tuesday

The New Delhi station of All India Radio announced this evening that the execution of Malayan Indian Sambasivam sentenced to death under the Malayan Emergency Regulation, has not been carried out and that the Sultan of Johore is reconsidering the case.

According to the original information that Radio announcement said, the execution of Sambasivam was scheduled to take place on Monday, May 16. 

The Radio announcement did not mention whether any reply has been received from the British Government in London to the representation made by the Indian Government last week for a "reconsideration of the case."

India's High Commissioner in London, Mt V.K Krishna Menon last week presented to Arthur Creech Jones, Colonial Secretary, India's "strong protest" over the sentence of execution passed by the Malayan Government on Sambasivam. Krishna Menon also saw Atlee, the Prime Minister and expressed India's concern over the issue - A.P  

Sambasivam Trial : Judge Disagrees and Orders Retrial

 

The Straits Times - 10 March 1949 

Judge Disagrees, Orders Retrial

Johore Bahru Mar 4 - Narayanasamy Sambasivam, a Tamil was at the end of an emergency trial found not guilty by the assessors of two charges. First, of carrying arms and secondly of being in possession of ten rounds or ammunition,

Mr. Justice Laville disagreed with the assessors' verdict on the first charges and ordered a retrial. 

His Lordship agreed with the assessors verdict on the second charges and acquitted the accused.

According to the evidence the accused was in the company of two Chinese when they were met by three Malays on a kampong path at Bukit Kepong near Muar on Sept 13.

There was a flight between the two parties. Shots were fired and one was killed. 

Sambasivam Sentenced to Death - 24 Match 1949

 

The Straits Times - 24 March 1949

Johor Bahru, Wed - Sambasivam, Secretary of the Segamat Rubber Worker Union, was today sentenced to death by Mr. Justice Storr after he had been found guilty of carrying arms.

Sambasivam pulled out an automatic during a struggle in which he and two Chinese companions fought with three Malays at Bukit Kepong.

In his defense, Sambasivam who was defended by Mr. P.V Charry, said that he did not know where he automatic came from nor could he say why he was attached by the Malays. 

Notice of appeal was given.

Sambasivam To be Hanged on 16th May - Johore Sultan Must Decide - Creech-Jones

 

Malaya Tribune- 14 May 1949

Johore Sultan Must Decide - Creech Jones

London, Fri - The British Government today replied to India's representative on the death sentence passed in Johore on the Indian, Sambasivam, it was learned today from a usually reliable source. 

The Colonial Secretary, Mr. Author Creech-Jones, saw the Indian High Commissioned, Mr. V.K Krishna Menon and made the reply orally. 

The British Government, the Colonial Secretary is reported to have said, had no jurisdiction over Johore which was a protected state and the Sultan of Johore was the final authority in the matter. 

The execution of Sambasivam found guilty under the emergency regulations of carrying arms is scheduled for May 16. 

   

Sambasivam Granted Leave to Appeal to Privy Council

 

Indian Daily Mail - 27 July 1949

Sambasivam Granted leave to Appeal to Privy Council 

London. July 26 - Sambasivam, Indian trade unionist sentenced to death under the Malayan Emergency Regulations for carrying arms, was today granted leave to appeal to the Judicial Committee of the Privy Council.

The Johore Government last month stayed the execution after Mr. John Thivy Government of India's representative in Malaya had served notice that Sambasivam had decided to petition for special leave to appeal to Privy Council in London. Mr. Thivy said the Government of Indian were financing the petition.   

Madras Paper's Plea - Indian Daily Mail 17 April 1950

 

 

Indian Daily Mail : Madras Paper's Plea 17 April 1950

From Our Correspondent:

Madras, April 16 - The Hindu commenting editorially regarding the rearrest of Sambasivam by the Malayan authorities after release as the result of  Privy Council decision, hoped that the Indian Government Representative Mr. J.A Thivy's efforts to get him to repatriated to Indian would be succeed. 

The Hindu added "It is gratifying to find that Mr. Thivy is continuing his good work in the case of Sambasivam" and recalled how Mr. Thivy's strenuous efforts had wo a last minute reprieve when the labour leader was about to be executed for allegedly offence against Emergency Regulations.    

"Sambasivam has consistently maintained that he was only a trade union worker and not connected with the Communist terrorists. On top of that there was the fact that he had been in prison for the last two years and could not possibly have had any contacts with lawless elements. But Malayan authorities' object in re-arresting him is presumably to prevent the possibilities of his association with terrorist once he is free.  We can see no warrant for the assumption. Anyhow if they think it would involve too great a risk to allow Sambasivam to go about freely in Malaya, they should have no objection to his repatriation which have been done in the case of certain other Indians.   

Sambasivam: Govt States Reasons - Malayan Tribune 13 April 1950

 

Malaya Tribune - 13 April 1950 

Sambasivam : Govt States Reasons

The Federation Government statement on the re-arrest of Sambasivam said the reason for ordering the detention of Sambasivam was that prior to being charged with carrying an unlicensed revolve, his activities were such that there were grounds for believing his detention was desirable in the interests of peace and order.

Sambasivam had right under the rule 3 of Emergency Regulation to lodge an objection against the order of detention.   

Sambasivam Has Right to Appeal - The Straits Times 13 April 1950

 

The Straits Times - 13th April 1950

From Our Correspondent

Kuala Lumpur  Wed,

The reasons for the re-arrest of Sambasivam after his release from prison following the Privy Council advice were stated officially by the Federation Government today.

Prior to being charged with carrying an unlicensed revolver, Sambasivam's activities, says the statement ere such that there "are ground for believing that his detention is desirable in the interests of peace and good order.

Sambasivam has the right under the emergency regulations to lodge an objection against the order of detention. 

If he exercises his rights the objections will be considered by a committee of review. 

Privy Council Give Priority To Sambasivam's Appeal

 

Indian Daily Mail - 18th Aug 1949

London, Aug 17 - Every effort will be made for the appeal of Indian trade unionist, Sambasivam, now under sentence of death in Malaya, to be heard by the Privy Council during its next term, a Privu Council spokesman said today. 

The judicial committee of the council begins its next term on Oct 12 and sits until Christmas. 

Sambasivam will be given priority over non-capital appeals. 

He was sentenced last April conviction under Malayan emergency regulations for carrying arms and will be given leave yp appeal to the Privy Council three weeks ago - Reuter 

Open Inquiry Into Kedah Estate Riots Likely - Chettur

 

Malayan Tribune - 20th March 1947

Author's Illustration on The Bukit Sembilan Estate Incident 3rd March 1947

Malayan Tribune - 20th March 1947 reported: 

1. Divergent economic and uneven condition of work offer potential breeding grounds for trouble on some of the riot stricken rubber estates in Kedah. The statement was made at a press conference by S.K Chettur, Representative of India Government to Malaya who had six-day visit to the affected area.

2. Chettur had just forwarded his report to the Government of India and expected further order within the next fort-night.

3. Chettur also had a preliminary talk with Sir Edward Gent on the possibilities of opening an enquiry to the circumstance leading to the disturbance on the estates concerning Bukit Sembilan, Harvard and Sungai Tok Pawang.   

4. Chettur refused to give any further comments on the root cause of the riot said the final flare-up on March 3rd in Bukit Sembilan Estate was the cumulation of series of incidents beginning from Feb 3rd when it was alleged a manager assaulted an Indian woman.

5. Chettur said during his visit the 66 labourers from Bukit Sembilan Estate had been convicted.  three women sentenced to one month rigorous imprisonment and the rest of the men were sentenced to 6 months imprisonment.

6. The women showed contused wounds and cuts which they received as the result of police beating,

7. Dr. Menon who examined these injured workers issued 22 certificates - 3 were serious injuries.

8. In Sungai Tok Pawang Estate, allegation a dresser stolen a quantity of rice from ration store. 

9. The authority alleged that the trouble started under the instruction of certain leaders. In Harvard estate the uniformed youth crop being drilled and they visited other estates to ferment trouble and intimidate labourers who drink toddy.

10. The PMFTU and Kedah FTU alleged that planters in Kedah disregard any attempt by union leaders to represent labour grievance and disability. 

11. Commenting on the police move to evacuate labourers from Bukit Sembilan Estate to a neighboring Indian-owned estate, Chettur said it was the wisest course left.

12. PMFTU had filed an appeal against the sentence of the 66 labourers form Bukit Sembilan and other 11 concerned in Bedong Incident.        

Thivy Sued for Libel By Planter and Police Chief

 

Malaya Tribune 9th July 1949

Malaya Tribune 9th July 1947 reported:

1. John Thivy, the Representative of India Government in Malaya had been served with writs for libel by R.S Herring (Manager Dublin Estate, Kulam) and P.S Guoldsbury (OSPC KULIM). R.S Herring is the President of the Malayan Planting Industry Employers Association, Kedah and chairman of the Royal Society of St. George, Penang and Province Wellesley. 

2. Writ was arisen from a pamphlet published in August 1st, 1947, recording of proceeding of a board appointed by six organization to enquire into certain shootings in Kedah in the early part of 1947. Herring had taken writs on the other five men besides Thivy, But they could not be served because could not be found.

3. The pamphlets comprised of 3 parts - The Bedong Incident, The Bukit Sembilan Estate Incident and The Dublin Estate Incident.

4. The writs are concern with the happenings in the April 24th, 1947 which resulted in a clash between police and an assembly of labourers and led to death of one man.

5. Thivy, then the President of Malayan Indian Congress was the Chairman of the board which publish the pamphlet. 

6. Herring's suit against Thivy was filed shortly after the date of publication. Herring then left on recuperation leave to United Kingdom. The writs were served after the return of Herring.

7.  Meanwhile, Thivy had resigned from MIC and become Representative India Government in Malaya.

8. Thivy cannot be sued as he enjoy diplomatic immunity. In the other hand, the representative of a country within the British Commonwealth do not enjoy diplomatic immunity when accredited to other commonwealth countries. 

9. The Penang Supreme Court met to record evidence. Council for Thivy, R.Ramani Federation Legislation Council was seen in the court. He had made certain submission. 

10. The six names appeared in the publication were - Thivy (Malayan Indian Congress), Yap Meow Siew (Pan Malayan Federation of Trade Unions) N. Nathan (All Malayan Rubber Worker Council), G Rao (Malayan Democratic Union), R.G Balan (Malayan Communist Party), Che Kamaruddin bin Yusoff (Malayan Nationalist Party). 

11. Excepting MIC and MNP other organizations listed are defunct or had been declared illegal. 

Kedah Riot: Bukit Sembilan Estate Incident - Clash between 200 Labourers and 100 Police Personnels

Malaya Tribune 4th March 1947

The Malaya Tribune dated 4 March 1947 reported : 

1. Labourers from Bukit Sembilan Estate who have been on strike resisted a police party who came to the estate to execute a warrant of arrest against a person, leading a clash resulted in 20 strikers being injured. 

2. The strikers attached the police with pepper powder, stones, boiling water and sticks.

3. A.C Maxwell the Chief Police Officer who led the search was injured in the head and had te be treated in hospital with three other police personnel.

4. The CPO warned the crowd to disperse before final order was given to use force.

5. Steel-helmeted police armed with truncheons first advanced while those armed with guns remained behind. 20 twenty labourers were injured. 

6. Sixty seven men and four women had been arrested. Two had fractured bones. 

7. President of Labour Union in Sungai Petani, Govindarajoo, told the Tribune that 250 labourers in Bukit Sembilan Estate - all Indians - were still on strike.

8. Sanitation on the estate was poor and frequent sickness had broken the strikers morale. He wondered if a settlement could be reached unless the conductors and other members of the estate staff were dismissed.    

Indian Daily Mail - 5th March 1947

On the next day, The Indian Daily Mail reported 62 Estate "Rioters" Jailed

1. The Bukit Sembilan Estate rioters appeared in the District Court in Sungai Petani. 17 pleaded guilty.

2. 59 men were each sentenced to 6 months' rigorous imprisonment and three women to 1 month rigorous imprisonment and two women was fined 50 dollars (or in default one month rigorous imprisonment). 

Indian Daily Mail - 4th March 1947

The Indian Daily Mail dated 4th March reported:

1. CPO A.C Maxwell, 3 police constables  and 20 labourers injured in a clash between 200 labourers and 100 police personnel in Bukit Sembilan Estate on the morning of 3rd of March.

2. 66 labourers were arrested including those who have injured after the police quelled the rioting following a half hour battle.

3. The clash occurred when the police arrived in 5 loads of trucks with an order to arrest a Indian man (I am just wondering why they need 100 police personnel to arrest a man?)

4. The police mustered outside the labourers' quarters. Labourers started to resist and obstructing the police.

5. Nearby estate labourers also took part in supportive of Bukit Sembilan Estate labourers. 

6. The clash in Bukit Sembilan Estate is the second clash three weeks.  

(Author's note: The man whom the police looking for was a Dresser (more like a Hospital Assistant, Balaiah @ Palliah who hijacked a lorry carrying clean water to the Manager's resident to labourer 'line'. For months the labourers in Bukit Sembilan Estate was suffering diseases out of drinking dirty and polluted rain water and water from ponds used for animal) 

The estate management regarded the labourers as the estate property (just like the herds) which need to find their food and water on their own. 

In the Forgotten Wars- The End of Britain's Asian Empire, Christopher Bayly and T N Harper :

"On the 28th February 1947, a crowd of a thousand or so Thondar Padai descended on Bedong, only to be confronted by police. A labourer came forward: We are not anti government,' he cried, 'we are only against the drinking of toddy." He was clubbed to the ground and later died in hospital. The coroner recorded a death of 'justifiable homicide.' A series of protest strikes erupted in the area. At Bukit Sembilan estate on 3rd March trouble was triggered by dismissal of a woman activist, and police faced orchestrated resistance."Women were to be forefront armed with pepper." it was reported; "boiling water was kept ready; men were to be armed with sticks, stones and bottle full of sand, trees were to be cut down make road blocks." Sixty-six people were arrested, and all but of them sent to hail after a trial that lasted only a day. Fearing a rescue attempt, the police closed hearing to public. An investigation by the Malayan Indian Congress revealed collusion and premeditation on the part of local planters and police, S.K Chettur claimed that women were beaten and there were allegations that two young girls were raped in custody. Condition at Bukit Sembilan estate were particularly dire: the only supply of water came from ravines and labourers shared it with their cattle; the manager has their water brought from town lorry. The strikers' demand focused on wages and family needs, such as creches (day care centres), better housing and equal pay for women. But the real source of anger was the summary dismissal of workers: "Managers feel that because we reside on the estate we are as much as their property as rubber tress."

A, Munusamy @ A,M Samy - Organizer of Thondar Padai