The Kuala Lumpur High Court has set Aug 14 to hear an application to strike out the RM50 million suit against the Human Rights Commission of Malaysia (Suhakam) over its alleged failure to launch a public inquiry into the Petaling Jaya Selatan racial violence.
Justice Abdul Malik Ishak set the date in chambers today after adjourning the matter following a procedural direction to both parties.
The three-day racial clashes — better known as the Kampung Medan tragedy — claimed the lives of six and left scores of others seriously injured.
The plaintiffs, V Subramaniam and others who were injured in last March's tragedy, claimed that Suhakam had acted in bad faith when it failed to condemn the racial violence.
They also alleged that Suhakam had failed to carry out its duties and responsibilities from the viewpoint of the Federal Constitution in defending human rights in Malaysia.
Following the March 2001 incident, a number of non-governmental organisations and opposition Parti Reformasi Insan Malaysia (Prim) had urged Suhakam to launch a probe following allegations that the violence was premeditated and that the police were slow in containing it.
No legal standing
In a 35-page affidavit filed late May, Suhakam secretary Kamaruddin Mohamed Baria contended that the plaintiffs have no legal standing because the Human Rights Commission of Malaysia Act 1999 did not give them the right to sue the commission.
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.
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.
The plaintiffs are represented by M Manoharan while Cecil Abraham appeared for the defendants.
The Bar Council held a watching brief through its human rights sub-committee member Sharmini Thiruchelvam.
