HINDRAF’S CLASS ACTION SUIT STRUCK OUT

But European Human Rights Convention may still offer recourse, says judge.

LONDON: The London High Court yesterday struck out an unprecedented class action lawsuit commenced by a group of descendants of indentured labourers of Indian origin led by the Hindu Action Rights Force (Hindraf) against the Government of the United Kingdom.

Accepting arguments advanced by the UK’s Foreign and Commonwealth Counsel Martin Chamberlain, QC, the Court held that the Queen had acted purely in her capacity as the Head of State of the United Kingdom under her statutory duties and that, accordingly, the claimants could not sustain their claim under UK’s Crown Proceedings Act.

In arriving at his decision, Judge Nicholas Blake, QC also held that Article 167 of the Constitution of the Federation of Malaya restricted the Queen’s liability and that her responsibility towards the Government of Malaya ceased on or after Merdeka Day.

In light of the above, the Judge found that essential elements which needed to be proved in the case, including the duties of care owed by the Crown to the claimants, the breach of those duties and the causation of loss and damage suffered were insurmountable obstacles which would prevent the claimants from succeeding, particularly because the claimants were not the indentured labourers who were brought into Malaya, but merely their descendants.

Reacting to the decision, Hindu Action Force (Hindraf) Chairman P Waythamoorthy expressed his regret that the Judge failed to establish and recognize that the Indians in Malaya in 1957 were subjects of the Queen and thus deserved the protection of the Crown.

Despite the unfavourable outcome, Waythamoorthy claimed that in the course of delivering the decision important observations were made by the Judge with regard to the “discriminatory” nature of Articles 8 (Equality), 12 (Rights in respect of education) and 153 (Reservations of quotas for Malays and natives) of the Constitution.

He also claimed the Judge has suggested that the European Human Rights Convention may afford the claimants a possible recourse in dealing with such matters.

Waythamoorthy said that Hindraf’s leadership will be discussing the matter in detail with its legal representatives upon receipt of the written grounds of the Judge’s decision before deciding on the next course of action.

“This is just the beginning of a long march Hindraf wishes to undertake with other groups who really believe in equality, equal treatment of fellow citizens and fundamental human rights,” he assured.