Hindraf leader and ISA detainee P Uthayakumar has filed a fresh court application against the Internal Security Ministry and Kamunting detention centre for medical negligence and endangerment to life.

This came a week after the Federal Court rejected his earlier habeas corpu s application challenging the validity of the detention order.

uthayakumar court habeas corpus application 220508 01 Lawyer N Surendran filed the new application at the Kuala Lumpur High Court at 10.30am today on behalf of Uthayakumar who claims he has been denied medication for his diabetes.

“He has not been given medication since mid-February until April 6 this year. As a result he had to be admitted into Taiping Hospital on April 7.

“It was found that his blood sugar levels shot up. Now this is a deliberate denial of medication by the camp authorities,” he said.

Habeas corpus

is a writ ordering prisoners to be brought before a court or judge to ascertain if there are any procedural defects which could render their detention unlawful.

There have been rising concerns over the health of Uthayakumar, a diabetic for the past 12 years.

His health condition came under spotlight when he was admitted to the hospital for dehydration after a hunger strike earlier this year.

When news of his diabetic condition arose, Human Rights Commission (Suhakam) led by N Siva Subramaniam probed the case.

The commission found the lawyers’s situation to be “under control” and that he was happy with the medication given to him.

No proper diet

However, Uthayakumar’s fiancee S Indradevi said his diabetic condition has not improved because he was still being fed starchy food.

uthayakumar court habeas corpus application 220508 04 “He is still being given normal food even though we said he needs to take chapati (Indian flat bread). His diabetes level is still high because they are not giving him proper diet,” she said.

Indradevi ( photo, left ) also noted that Uthayakumar’s physical well-being has also taken a toll from the detention.

“His skin disease or allergies is getting worse. The doctors don’t know what it is. He has problems with his knees, he’s kind of limping. He has also lost five kilogrammes,” she said.

In his affidavit, Uthayakumar said he has been suffering from high blood pressure and sugar, minimal damage to heart, skin disease, ring worm, eye blurring, headaches, dizziness and weakness since he was denied medical treatment.

uthayakumar hindraf hospital medical aid 200508 05 Meanwhile, Uthayakumar also claims that the camp authorities refuse to admit him into the National Heart Institute (IJN) despite being told by doctors to do so.

According to Surendran, doctors discovered that Uthayakumar had some damage to his heart and advised him to be admitted to IJN after a medical check up in Taiping Hospital on April 28.

“Until today he has not been taken to IJN. Prison authorities and the minister has come up with a false statement saying that Uthaya is refusing to go to IJN. This is completely untrue.

“Uthaya has told them that he wants to go to IJN and he wants his family and lawyers there. It has been more than three weeks since the diagnosis and he has not been taken to IJN,” he related.

uthayakumar court habeas corpus application 220508 02 “This is shocking. We are massively concerned about what might happen to him,” he added.

Surendren pointed out that government has a breached Article 5 of the federal constitution by depriving Uthayakumar his liberty and right to life.

“The unnecessary and wanton infliction of pain and injury to Uthaya’s health by the authorities renders the detention unlawful and illegal,” he said.

Very secretive

Another lawyer, V Santha Devi also expressed concern over the camp authorities’ refusal to disclose information concerning Uthayakumar’s condition.

hindraf isa detainees 141207 updated “For the past two weeks we had to constantly call the camp to find out if Uthaya is at the camp because they refuse to give us information whether he is being taken out to IJN.

“We specifically told them to inform the lawyers and the family concerned but they said they won’t be doing so. They’ve been very secretive about this.

“Even the medical report is not made known to us. It is only between the Kamunting camp authorities and the doctors. We have to know what is happening to him,” she stated.

The hearing is set for June 25.

Uthayakumar and four others - M Manoharan, R Kenghadharan, V Ganabatirau and T Vasantha Kumar - have been held at Kamunting under the Internal Security Act since December after organising an unprecedented mass rally claiming discrimination against ethnic Indians.

Their previous habeas corpus application challenging the validity of the detention order made by the Prime Minister Abdullah Ahmad Badawi was dismissed by the Federal Court last Wednesday.

Watch the 9-min video in Malaysiakini.tv .