Widow files for compensation over husband’s custodial death 7 years ago

 

The Federal Court dismissed an appeal by the widow last December saying she should have filed her claim on or before June 1, 2016.

KUALA LUMPUR: A widow has filed a suit against the government to compensate her for the custodial death of her husband P Karuna Nithi at a police lock-up in Tampin, seven years ago.

R Kaliamah, 44 who has included her children, K Yugesh Varan, 22 and Kisho Kumar, 20, also want a declaration that the 16 defendants, also include 14 policemen, who directly and indirectly violated their rights under Article 5 (1) of the Federal Constitution.

The plaintiffs are also seeking for a declaration that Section 2 (a) of the Public Authorities Protection Act (PAPA) 1948 is ultra vires Article 8(1) and 69(2) of the Federal Constitution.

They want a consequential order that the said provision of the PAPA be modified by the court under Articles 162 (6) and (7) of the Federal Constitution to bring it into accord with the constitution either by repealing it or by amending it, by substituting the words “thirty-six months” to “seventy-two months”.

In the originating summons filed through Messrs Ong & Partners at the High Court here on Jan 26, the plaintiffs are also seeking damages, interest and other relief deemed fit by the court.

Karuna Nithi was arrested on May 28, 2013 but died in custody on June 1, 2013, with 49 fresh injuries on his body.

Kaliamah in her affidavit in support of the action said that the first to 13th defendants under the direction, law and policy administration of the inspector-general of police, the home minister and government of Malaysia were vicariously liable.

Following an inquest, the plaintiffs filed a suit for negligent, and assault against the defendants, for causing the death of the deceased, at the High Court in Seremban on Jan 25, 2018.

However, Kaliamah said the defendants on Oct 8, 2018 succeeded in striking out the suit on grounds that it was barred by Section 2(a) of PAPA. The Court of Appeal also maintained the decision.

The Federal Court in December also dismissed the appeal, on grounds that the suit was time barred under Section 2(a) PAPA, as cause of action should start from the date of the death of the deceased and not from the date of the inquest verdict.

The apex court said Kaliamah should have filed her claim on or before June 1, 2016.

Kaliamah said the equality principle under the constitution was breached because the government was given up to 72 months to sue while a suit by the public against the government must be filed within 36 months.

She stated that PAPA being a pre-Merdeka statute is subject to the power of the court under Article 162(6) and (7) of the constitution.

She said it should be brought in line with the supreme law by reading Section 2(a) of PAPA to afford a limitation period of 72 months. - FMT