The Human Rights Commission (Suhakam) today filed an application to strike out the RM50 million suit filed by victims of the Petaling Jaya Selatan racial violence over the commission's alleged failure to launch a public inquiry into the incident.

In the 35-page affidavit, Suhakam secretary Kamaruddin Mohamed Baria contended that the plaintiffs, V Subramaniam and others injured in March last year's tragedy, have no legal standing because the Human Rights Commission of Malaysia Act 1999 does not give them the right to sue the organisation.

In addition to Suhakam, the suit named former chairperson Musa Hitam, vice-chairperson Harun Hashim, commissioner Prof Hamdan Adnan and former commissioners Anuar Zainal Abidin and Prof Mehrun Siraj as defendants.

Kamaruddin added that there were compelling reasons why the suit should be struck out, one of it being that Suhakam has full discretion on whether to hold an inquiry and the manner in which it is to be conducted.

"There should not be any judicial intervention in Suhakam's discretion as it will result in a usurpation of its functions by the court."

He added that the plaintiffs had no cause of action against the individual defendants since "all decisions in this matter were made by Suhakam" and not by them individually.

Suhakam still investigating

Kamaruddin said since the resulting deaths and injuries were not as a consequence of the defendants' alleged acts or omissions, the plaintiffs have no grounds to claim any damages.

In the three-day racial violence — better known as the Kampung Medan tragedy — which erupted in March last year, six people were killed and scores were injured.

Following the incident, a number of non-governmental organisations and political parties — including the oppostion Parti Reformasi Insan Malaysia (Prim) — had urged Suhakam to probe the incident following allegations that the violence was premeditated and that the police were slow in containing the violence.

"The plaintiffs' allegations are misleading and misconceived, as they do not in any way reflect the true events that occurred and the action taken by Suhakam," said Kamaruddin.

"The true sequence of events shows beyond question that the defendants have acted in good faith at all material times," he stated.

The affidavit also listed down the sequence of events beginning from the first memorandum to Suhakam from Prim — which has been consistently calling for an inquiry — on March 30 last year, the subsequent meetings between them, as well as copies of letters between Suhakam and various government agencies including the police.

Kamaruddin said to date, Suhakam investigating officers have interviewed five victims, including one victim's wife.

"Suhakam is still investigating and considering this matter and has not yet reached a decision. Therefore, the originating summons is premature."

The plaintiffs claim that Suhakam had acted in bad faith when the it failed to condemn the racial violence.

They also alleged that Suhakam failed to carry out its duties and responsibilities from the viewpoint of the Federal Constitution in defending human rights in Malaysia.

Application expected

On the application to strike out the suit, Prim pro-tem secretary general P Uthayakumar said he had already anticipated this move.

"They (Suhakam) don't want to reveal the truth and are trying to avoid replying our affidavit despite a 211-page exhibit and a 49-page affidavit by the plaintiffs against them.

"In any event, we will leave it to the courts to decide on the matter," said Uthayakumar who is representing the plaintiffs.

Last Saturday, he told Suhakam that the lawsuit will be dropped if the commission states in writing that a public inquiry will be held into the matter.

When contacted later, Prim's lawyer M Manoharan, who confirmed receiving a copy of the application to strike out the suit, said they will reply accordingly.

Suhakam is represented by law firm Shearn Delamore & Co.