Malaysia govt wants suit filed by Indian against it quashed

Malaysian government sought quashing of a USD 30.5 million suit filed against it by a detained ethnic Indian leader.

Malaysian government on Wednesday sought quashing of a USD 30.5 million suit filed against it by a detained ethnic Indian leader for allegedly linking him with Sri Lankan separatist outfit LTTE.

P Uttayakumar, a legal adviser of the non-governmental Hindu Rights Action Force (Hindraf) who was held last December for organising an “illegal” mass rally against the alleged marginalisation of ethnic Indians, is suing the government as also Inspector General Musa Hassan and Attorney General Gani Patail.

In the suit filed on January 4, he said the alleged statement linking him with the LTTE was “slanderous” and an attempt to destroy his credibility and reputation, local media reported.

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Musa, Gani and the government submitted their statements of defence and sought to have the suit thrown out on the grounds that the police chief and AG made the remark in their official capacities and on an occasion of qualified privilege because the Hindraf issue was a public order matter.

Musa said Uthayakumar did not have the right to claim USD 30.5 million in damages.

Gani claimed the statement did not refer to Uthayakumar but it was Uthayakumar who made a deliberate claim that the statement referred to him to bring down Gani’s credibility.

Gani also said the statement he made was a matter of public interest at the time to defend him from allegations by Hindraf following his move to charge its supporters in court and object to their application for bail.

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Judicial Commissioner Yazid Mustafar has fixed December 2 to hear the matter.

The Hindraf organised an “illegal” rally of ethnic Indians on November 25 last year to protest alleged marginalisation of the minority Indian community in this country. The rally saw more than 20,000 ethnic Indians participate in it, taking the government by complete surprise.

Later five members of the Hindraf, including Uthayakumar, were detained under the controversial internal security act while Hindraf chairman P Wayathamoorthy went to the UK on self-imposed exile.