Three respondents have been struck off a RM1.62 million civil suit relating to the death of welder Ragubathy Muniandy while under police remand three years ago.

Dropped from the suit, filed last July by Ragubathy's wife RS Kalavathi and his mother M Pushparani, were the attorney-general, health director-general and Sepang court magistrate.

This was announced yesterday in the chambers by senior assistant registrar Wan Titahani Wan Hamid. The decision also means that the relevant portions of the suit pertaining to the three parties would be struck off.

Wan Titahani said the remaining respondents, the inspector-general of police, former Sepang police chief Mohd Shukri Dahalan, and the government, are to respond to the suit within two weeks.

Kalavathi and Pushparani claimed that the respondents had, directly or indirectly, failed to abide by Article 5 of the Federal Constitution pertaining to Rugabathy's right to life.

However, according to the application filed by senior federal counsel Isnan Ishak on Nov 14, "the plaintiffs ... have not shown reasonable cause for action to be taken against (them)".

"The first and second defendants (AG and magistrate) are protected under the Federal Constitution as well as under the Lower Courts Act 1948," read the application.

Commenting on the latest development, Kalavathi and Pushparani's lawyer, P Uthayakumar, said an appeal will be filed against the decision.

"Our clients have instructed us to appeal as this is in the interest of the general public," he told malaysiakini today.

Denied attention

Over and above the damages sought, Kalavathi and Pushparani are seeking special, general and exemplary relief, among other means of compensation.

They are also seeking a declaration that the defendants had failed to follow procedures, such as those stipulated under sections 20, 21 and 24 of the Police Act 1967.

They further want a declaration that Mohd Shukri, the magistrate and IGP had "wrongfully and illegally" arrested and remanded Rugabathy, 22.

He was arrested with eight others on the night of July 18, 2002 in connection with an armed robbery.

The plaintiffs claim that he had informed the police and magistrate of a critical heart condition and that he needed medical treatment, including anti-coagulant medication, but was denied attention.

He was only treated by a medical assistant at a government clinic on July 26, eight days after his arrest, and was taken to the Putrajaya Hospital the next day.

Early on July 28, Ragubathy died of "congestive cardiac failure" according to the forensic pathologist.