A 35-year-old former driver today filed a civil suit against the Prisons Department and government for negligence and breach of statutory duty.

V Shashitheran, from Klang, claims this has led to him suffering a permanent injury as a result of assault by five inmates, resulting in the dislocation of his spine one-and-a-half years ago.

Shashitheran, who was charged for a drug-related offence, named five Prisons Department officers, the Sungai Buloh Prison director, the commissioner-general of Prisons Department, the home minister and the government as the defendants.

Law firm Daim & Gamany filed the suit for Shashitheran in the High Court in Kuala Lumpur.

In his statement of claim, Shashitheran said he was in prison from Nov 23 to Dec 1, 2015, where he was placed under quarantine at Block Cekal, with 100 other inmates.

At about 4pm on Dec 1, he was assaulted by five inmates after he commented on one of them for stealing another person's food.

As he fell to the ground, an inmate stepped on the back of his neck, causing a cracking sound after which he lost consciousness, his statement says.

Taken to hospital three hours later

Prison officials took Shashitheran to the Sungai Buloh Hospital for treatment, three hours later, and he was placed in the intensive care unit for a month.

His diagnosis was listed as C3/C4 bifacetal dislocation with spinal cord impingement.

As a result of the injury, Shashitheran had to wear a neck brace, could control the basic function of passing motion, suffered loss of sensation of his skin and as a result, suffered sexual inability and could not work or lift heavy objects.

He was seeking special damages of RM1,000, in addition to general, exemplary and aggravated damages.

Shashitheran also sought for a declaration that placing him in a cell with 100 inmates was against the Prisons Act 1995, or the Prisons Regulations 2000, or Articles 5 and 8 of the Federal Constitution.

He was represented by lawyers N Surendran and Latheefa Koya.

Surendran said due to the injury, his client had to seek rehabilitation on a regular basis.

He also questioned the congestion of prisons at the present time.

“The Sungai Buloh prison was supposed to fit only 3,500 inmates. However, it now houses more than 6,000 prisoners.

“I further questioned what the home minister has been doing regarding prison conditions nationwide. It is against the basic rights of the inmates. By placing large number of prisoners, they could be subjected to infectious disease as well,” Surendran added.