Hindu Rights Action Force (Hindraf) leader P Uthayakumar has managed to set aside a bail condition to surrender his passport.

The matter was decided by Kuala Lumpur High Court judge Zainal Azman Abdul Aziz, who overturned a decision made by the Sessions Court on Dec 11, 2007.

NONE Uthayakumar (centre) was charged at the Sessions Court for sedition in relation to his letter to British Prime Minister Gordon Brown in November 2007.

Speaking to reporters after justice Zainal handed down the decision, an estatic Uthayakumar said he would be departing for London soon to seek medical treatment and visit his ailing brother.

"Finally, I can obtain a proper and independent medical treatment that has been denied to me (while under detention)," he said.

His brother and Hindraf chair P Waytha Moorthy is suffering from a rare heriditary heart disease.

'Sound decision by the judge'

Uthayakumar said medical specialist in London believes he has a 50 percent chance of having the same disease and will be undergoing tests.

Uthayakumar, who suffers from diabetes, has also frequently complained that he was denied proper medical treatment and diet while under ISA detention.

His counsel N Surendran said justice Zainal had made a sound decision, adding that it was unlawful for the Sessions Court to impose conditions on a bailable offence.

"The Sessions Court was pushed by the attorney-general and imposed the condition, but today, the High Court judge said that was bad in law and set (the conditions) aside," he said.

Surendran also criticised Attorney-General Abdul Gani Patail involvement in the trial when Uthayakumar was charged.

Uthaya never signed any conditions

He said Abdul Gani was overzealous in pursuing anyone that was deemed anti-government.

"The attorney-general is suppose to be independent, but as it stands, he is pro-Umno and behaving like a politician," said Surendran.

"In other countries, the attorney-general is supposed to act in a judicious manner, and not indulge in malicious and vindictive persecutions," added Uthayakumar.

On June 23 when submissions were heard, the prosecution defended the withholding of the passport because Uthayakumar was bound by certain conditions upon release from ISA.

Uthayakumar's lawyers, however, argued that he had never signed any conditions upon release and the detention was done in bad faith.

Hearing for Uthayakumar's sedition trial will continue on August 3 at the Sessions Court.