Court dismisses petition by ethnic Indian activist in Malaysia

Jaishree Balasubramanian

Kuala Lumpur, Mar 10 (PTI) Malaysia's Federal Court on
Tuesday dismissed a habeas corpus application by a leader of a
Hindu outfit demanding more rights for ethnic Indians to
secure his release from detention under the controversial
Internal Security Act (ISA) on technical grounds.

The judges threw out the appeal of P Uthayakumar, a
member of the Hindu Rights Action Force (Hindraf), after he
failed to fulfil a requirement to file a petition of appeal
within the stipulated 10 days after receiving the record of
appeal from the court.

They also rejected his application for extension of
time to file the petition of appeal.

Uthayakumar, 47, a diabetic, appealed against the High
Court's decision disallowing his second habeas corpus bid for
freedom on grounds of medical negligence.

On September 17 last year, a High Court judge held
that Uthayakumar's claim that he was denied proper medication,
treatment and proper diet by the hospital and officials of the
Kamunting detention camp where he is being held was not true
and without merit.

Uthayakumar was recently admitted to a hospital by
prison officials.

Uthayakumar's lawyer said he would consider filing a
fresh a habeas corpus application following today's decision,
online media reports said.

Uthayakumar and four other Hindraf leaders -- lawyer
R Kengadharan, 42, M Manoharan, 48, V Ganabatirau, 36, and
Hindraf coordinator K Vasantha Kumar, 36, -- filed their first
application on December 26 last year after they were arrested.

Their application was subsequently dismissed by the
High Court and the Federal Court.

The five were detained under the ISA for organsing an
illegal rally on November 25, 2007 which was attended by over
20,000 ethnic Indians to protest against alleged
marginalisation of ethnic Indian minority in this country. The
government has denied the allegations. PTI JB
RAI
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