PUTRAJAYA, 10 March 2009: Hindraf leader P Uthayakumar’s appeal on his second habeas corpus application to secure his release from detention under the Internal Security Act (ISA) was thrown out by the Federal Court here today on technical grounds.
Justices Datuk Nik Hashim Nik Abdul Rahman, Datuk S Augustine Paul and Datuk Hashim Yusoff unanimously dismissed the appeal after Uthayakumar failed to file a petition of appeal within the stipulated 10 days after receiving the record of appeal from the court. This contravened Section 95 of the Rules of the Federal 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 17 Sept 2008, High Court judge Suraya Othman held that Uthayakumar’s claim that he was denied proper medication, treatment and proper diet by the Taiping Hospital and officials of the Kamunting detention camp was not true and without merit.
One of Uthayakumar’s lawyers, N Surendran, said he would consider filing a fresh a habeas corpus application following today’s decision.
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 26 Dec 2008 after they were arrested on 13 Dec. Their application was subsequently dismissed by the High Court and the Federal Court. – Bernama