The Federal Court has struck out an appeal by P Uthayakumar, who sought to compel the court to instruct the federal government to establish a Royal Commission of Inquiry (RCI) on prison reforms.

Court of Appeal president Justice Md Raus Shariff, who led the five-member panel, stated that they agreed with preliminary objections raised by the senior federal counsel.

"We are unanimous, we are not with you," Justice Raus said in delivering the decision.

Senior federal counsel Nadia Hanim Mohd Tajuddin had argued that Uthayakumar's appeal was "incompetent" as it failed Section 96 of the Courts of Judicature Act (CJA), was an abuse of the court process, touched on a "non justiciability issue" and that the issues in the appeal were purely academic.

In his application, Uthayakumar had sought for Prime Minister Najib Abdul Razak, with the attorney-general's advice, to propose to the Yang di-Pertuan Agong to establish the RCI.

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

Uthayakumar said in the application that, among others, prisoners at all prisons nationwide should be afforded healthcare and medical treatment from specialists.

The Court of Appeal, last year, dismissed Uthayakumar’s appeal in his bid to set up the RCI.

He was seeking for the appellate court to reverse the High Court decision which dismissed his application.

Other legal avenues exhausted

Meanwhile, Justice Raus, earlier today, had asked Uthayakumar whether the court could direct the prime minister to set up the RCI.

“Is the court competent or has jurisdiction to ask the executive to do what you asked?”

Answering in the affirmative, Uthayakumar also pointed out how other legal avenues have been exhausted.

The judge however said that the RCI could only be set up by the Agong, leading Uthayakumar to respond that he was merely asking the prime minister to propose to the Agong to establish the RCI.

“Then you write to the prime minister otherwise there will be chaos if the court is given that power (to ask the prime minister to set up the RCI),” Justice Raus said.

He again asked whether the court was empowered to ask the prime minister to do what Uthayakumar was asking for.

“Because then we are encroaching into the executive and I don’t think they will like it. The same thing how we will not like them encroaching on our decisions,” said Justice Raus, before delivering the decision.

Although senior federal counsel Nadia asked RM100,000 in costs, the judge decided that no costs would be awarded.

Commenting on this, Uthayakumar told reporters that he believes the issue of costs was done in mala fide (bad faith) to deter him from bringing cases of public interest.

He later told Malaysiakini that he would not be able to pay the costs, pointing out how he drives a “39-year old Volvo”.

“I’d be made a bankrupt and would not be able to practice as a lawyer. It appears to be the first warning for me to stop bringing cases of public interest.”

The lawyer earlier on expressed his disappointment how his allegations were never responded to by the five respondents despite the “serious matters” brought.

“They didn't even have one page of affidavit. They very cleverly succeeded in avoiding answering my allegations.”

Further stressing how there were no other avenues to go to, Uthayakumar pointed out that he had written to the prime minister as well as the other respondents on the matter.

“I even came out with a book. If we cannot go to the court where else can we go to.”

Uthayakumar cited the case of his junior, a fellow lawyer who died in prison after being convicted for criminal breach of trust (CBT).

“If this can happen on a lawyer what more a man on the street.”

Stressing that he had no personal interest in this matter, he pointed out how he did not ask for costs.

“I'm already off the hook. I don't think I want to go back to jail but I still feel for fellow prisoners,” he said.

Uthayakumar was sentenced to 30 months’ jail for sedition by a Sessions Court in Kuala Lumpur in 2013.

He was, however, released from prison in October 2014 after the Court of Appeal reduced his jail term to 24 months.