The Federal Court has struck out an appeal by P Uthayakumar, who sought to compel the court to instruct the federal government to establish a Royal Commission of Inquiry (RCI) on prison reforms.
Court of Appeal president Justice Md Raus Shariff, who led the five-member panel, stated that they agreed with preliminary objections raised by the senior federal counsel.
"We are unanimous, we are not with you," Justice Raus said in delivering the decision.
Senior federal counsel Nadia Hanim Mohd Tajuddin had argued that Uthayakumar's appeal was "incompetent" as it failed Section 96 of the Courts of Judicature Act (CJA), was an abuse of the court process, touched on a "non justiciability issue" and that the issues in the appeal were purely academic.
In his application, Uthayakumar had sought for Prime Minister Najib Abdul Razak, with the attorney-general's advice, to propose to the Yang di-Pertuan Agong to establish the RCI.
He named Najib, Deputy Prime Minister Ahmad Zahid Hamidi, Prisons Department director-general Zulkifli Omar, Kajang Prison director Abdul Wahab Abdul Kassim, the attorney-general and the Malaysian government as respondents.
Uthayakumar said n the application that, among others, prisoners at all prisons nationwide should be afforded healthcare and medical treatment from specialists.
[More to follow]
-Mkini
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