The family members of S Prabagaran, who is scheduled to be executed in Singapore for drug trafficking this Friday, have filed an application for a stay at the island republic's Court of Appeal.

The application, filed by the firm of M/s Peter Low & Choo LLC, is scheduled for hearing at 2.30pm tomorrow.

The bid for stay was filed pending the disposal of the appeal by Prabagaran's mother, Eswary Sengatasamy, at the Court of Appeal in Putrajaya to compel the Malaysian government to bring the matter to the International Court of Justice.

Padang Serai MP N Surendran, who is also Prabagaran's family lawyer, is in Singapore to assist the family.

In a statement this afternoon, Surendran called on the Malaysian government to break its silence on Prabagaran's imminent execution.

“I am appalled that the prime minister, the cabinet and Malaysian government have maintained absolute silence over Prabagaran's critical situation.

“The government has a duty and obligation to protest the denial of Prabagaran's basic rights and to make every effort to save his life,” Surendran said in a press statement.

He and fellow lawyer Latheefa Koya have said that the scheduled hanging must be stopped as Prabagaran's trial and conviction were tainted by a fundamental breach of the right to a fair trial.

It was reported that Eswary had filed for a judicial review by the High Court in Kuala Lumpur on Jan 16, to compel the government to bring the matter to the ICJ.

However, the High Court dismissed the application on grounds that this matter involves foreign policy and therefore the court should not interfere.