The Kuala Lumpur High Court today struck out the RM50 million lawsuit against the Human Rights Commission of Malaysia (Suhakam) over its alleged failure to launch a public inquiry into the Petaling Jaya Selatan racial violence two years ago.

According to the plaintiffs' lawyer M Manoharan, judge Abdul Malik Ishak made the ruling o­n the grounds that the commission had the full discretion o­n whether to hold an inquiry and the manner in which it is to be conducted.

However, the lawyer added that an appeal would definitely be filed against the verdict.

"We will file the appeal as it involves a human rights issue and is of public interest," he said when contacted.

The four-day racial violence, which erupted o­n March 8, 2001, left six people dead and scores others injured.

Several quarters alleged the incident, better known as the Kampung Medan tragedy, was premeditated and that the police did not act swiftly enough to contain it.

The authorities have denied these charges.

Bad faith

The lawsuit was filed by o­ne of the victims, V Subramaniam, 52, and others injured in the tragedy o­n April 17, claiming the commission had acted in bad faith when it failed to condemn the violence.

It was also alleged that Suhakam failed to carry out its duties and responsibility from the viewpoint of the Federal Constitution in defending human rights in Malaysia.

Several non-governmental organisations and social activists have also urged the human rights watchdog to launch a probe regarding the matter.

The commission maintained that its investigators had visited the site of the incident but ruled out an open inquiry due to racial sensitivities.

Last May, Suhakam filed a 35-page affidavit to strike out the suit.

Its secretary Kamaruddin Mohd Baria contended that the plaintiffs have no legal standing because the Human Rights Commission of Malaysia Act 1999 did not give them the right to sue the commission.

He added that there were compelling reasons why the suit should be struck out, o­ne of it being Suhakam having full discretion o­n whether to hold an inquiry and the manner in which it is to be conducted.

Besides Suhakam, the suit named former chairperson Musa Hitam, vice-chairperson Harun Hashim, commissioner Prof Hamdan Adnan and former commissioners Anuar Zainal Abidin and Prof Mehrun Siraj as defendants.

Kamaruddin could not be reached for comment.

Law firm Shearn Delamore & Co represented the commission.