An application has been submitted to strike out three of the six respondents being sued for the death of welder Ragubathy Muniandy while under police remand three years ago.

Ragubathy's wife RS Kalavathi and his mother M Pushparani have named the government, health ministry director-general, Attorney-General, Inspector-General of Police, former Sepang police chief Mohd Shukri Dahalan and the Sepang magistrate.

The RM1.6 million suit, filed in July, claimed that the respondents had, directly or indirectly, failed to abide by Article 5 of the Federal Constitution pertaining to Rugabathy's right to life.

Today, however, senior federal counsel Isnan Ishak applied in chambers to strike out the AG, health director-general and magistrate as respondents.

According to the application, "the plaintiffs ... have not shown reasonable cause for action to be taken against (them)...The first and second defendants (AG and magistrate) are protected under the Federal Constitution as well as under the Lower Courts Act 1948."

The application was made before senior assistant registrar Wan Titahani Wan Hamid at the Kuala Lumpur High Court. A copy of the document was made available to the press by the plaintiffs' lawyer P Uthayakumar.

Speaking outside the chambers, he maintained that the AG should be held liable for failure to prosecute those police officers allegedly responsible for Ragubathy's death, while the magistrate should have examined the need for a 13-day remand order.

Isnan also applied for an extension of two months in which to collect the relevant documents and reports from the various respondents and submit a written reply in their defence.

To this, Uthayakumar said the summons had been served in mid-August and that there has been sufficient time to respond to the suit.

A decision on both matters will be made in chambers on Nov 22.

Declarations sought

Over and above the damages sought, Kalavathi and Pushparani are seeking special, general and exemplary relief, among other means of compensation.

They are also seeking a declaration that the defendants had failed to follow procedures, such as those stipulated under sections 20, 21 and 24 of the Police Act 1967.

They further want a declaration that Mohd Shukri, the magistrate and IGP had "wrongfully and illegally" arrested and remanded Rugabathy, 22.

He was arrested with eight others on the night of July 18, 2002 on suspicion of involvement in an armed robbery.

The plaintiffs claim that he had informed the police and magistrate of a critical heart condition and that he needed medical treatment, including anti-coagulant medication, but that he was denied attention.

He was only treated by a medical assistant at a government clinic on July 26, eight days after his arrest, and was taken to the Putrajaya Hospital the next day.

Early on July 28, Ragubathy died of "congestive cardiac failure" according to the forensic pathologist.

A judicial inquest began more than a year ago at the Sepang magistrate's court, with the proceedings to next continue on Nov 22.