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Court rejects Uthaya's bid to set up RCI

The Kuala Lumpur High Court today dismissed lawyer P Uthayakumar's application for an order to set up a royal commission of inquiry (RCI) on prisons' treatment of inmates.

Judicial Commissioner Nordin Hassan when handing down the decision said the Criminal High Court had no jurisdiction to hear Uthayakumar's application and therefore, dismissed the application.

Today was fixed for the hearing of the prosecution's preliminary objection against Uthayakumar's application.

Earlier, Deputy Public Prosecutor Suzana Atan submitted that the motion sought by Uthayakumar did not fall within the jurisdiction of the Criminal High Court.

Apart from that, she said Uthayakumar also did not explain the matter sought in his application, where there was a decision in the Court of Appeal that an application could be dismissed if it was not explained.

Uthayakumar, an activist, had filed the notice on Oct 2, 2015 at the High Court Registry office through Messrs Kumar Hashimah & Co.

He named Prime Minister Najib Abdul Razak, Deputy Prime Minister Ahmad Zahid Hamidi, Prisons director-general Zulkifli Omar, Kajang Prison director Abdul Wahab Abdul Kassim, the attorney-general, and the Malaysian government as respondents.

The lawyer is seeking a declaration that keeping inmates with tuberculosis in the same cell with other prisoners, and allowing prisoners with AIDS to share nail clippers with other inmates, contravened the Prisons Act 1995.

- Bernama

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