Hindu Rights Action Force (Hindraf) leader P Uthayakumar has filed his fourth habeas corpus application at the Kuala Lumpur High Court today to seek his immediate release from detention under the Internal Security Act due to a fractured toe which he has been suffering since January, made worse by his diabetes.
His application was filed along with a certificate of urgency at the high court registry through legal firm Edwin Lim & Suren.
Uthayakumar, 48, who has been under detention since Dec 13, 2007, is seeking to be brought before the court, and also to secure an immediate release from detention.
He named the home minister and the commandant of the Kamunting detention camp as respondents.
Uthayakumar's affidavit stated that he had been a diabetic patient for the past 14 years and he is also suffering from a hypokinetic heart condition.
He claimed that on Jan 31, while walking to see his family on an uneven road at the detention centre in Perak, he accidentally struck a stone resulting in an injury to his left toe. On the same day, he applied to the Kamunting camp authorities that he be brought to the Gleneagles hospital, a private medical centre in Kuala Lumpur.
However, despite making several requests, the camp authorities rejected his application.
Uthayakumar said on Feb 3, he was brought to the Kuala Lumpur Sessions Court for his sedition trial where he also applied to be brought to Gleneagles hospital. However, this was dismissed by the judge who ordered that he be brought to a government hospital.
He also claimed that physicians in Hospital Kuala Lumpur were influenced by Kamunting authorities and the special branch not to admit him. A X ray was taken of the foot and there were signs that there is a fracture resulting in swelling and difficulty in walking.
The lawyer claimed that he was sent back to the camp the next day where he applied to make a police report. However, he claimed that he was not given permission to do so until the next day.
On Feb 8, Uthayakumar said he showed his swollen foot to three policemen ‘Lance Corporal Sharif, Constable Asri and Inspector Ramli' to record in the detention camp's diary. He then made another request to be brought to the Gleneagles hospital.
Condition deteriorates further
Uthayakumar claimed that his condition deteriorated further on Feb 12 and he showed his foot to ‘Sergeant Major Yunos and Coperal Osman’ and once again applied to be brought to Gleneagles hospital.
"I told them I did not want to be brought to Taiping hospital as I felt there was no freedom and my health condition was being compromised as the doctors at the hospital had filed an affidavit not to support my habeas corpus application," he said.
"I then applied that I be brought to other hospitals besides Taiping hospital but my request was rejected. At about midnight on Feb 12, I was brought to Taiping hospital where I was treated by Dr Raden at the emergency ward. He referred to me to an orthopaedic specialist but he rejected my application for a X-ray to be done on my injured foot," he said.
The lawyer claimed that the next day, one 'Chief Inspector Saleh' asked him to go to the Taiping hospital and he told the officer he would do so after making a police report.
He alleged that at about 3pm the same day, he submitted a form that he wanted to make a police report and that he does not mind being brought to any hospital quickly. However, no action was taken.
Uthayakumar made another application on Feb 14 and his fiancee also lodged a police report the next day.
Following media reports, he said on Feb 16, the Prisons Department deputy director-general and one Dr Wong came to the camp's clinic to inspect his foot.
However, he claimed that he was only sent to the Taiping hospital on Feb 17. At the hospital, he said journalists spotted him and began to take photographs. He said during the commotion, a prison guard pushed him resulting in him stepping on his injured foot.
Uthayakumar said he asked Taiping hospital’s Dr Gurmit Singh to record the incident and he did so but did not render him medical treatment.
Despite this, the applicant claimed Gurmit told him that he should not be walking as this would put pressure on his already injured foot. However, till today, Uthayakumar said he was not given any wheelchair or crutches.
Gurmit showed him the results of the x-ray which revealed two cracks and a chip on the foot. He claimed that he had not been placed on a diabetic diet while he was being detained for the past 15 months.
Uthayakumar claimed that his solicitors had written letters to the home minister dated Feb 12, Feb 23 and March 3 on the various issues that he had highlighted.
He also alleged that the camp authorities had made a false claim that he had rejected medical treatment, saying: "This is a serious error in facts and irresponsible action by the second respondent."
The lawyer claimed that his foot got worse on March 16 where it had swollen further and he made a police report to be brought to the Gleneagles hospital but this was not entertained.
He said this habeas corpus application is different from his other applications and there occurred a substantial change in his detention condition which warranted him to make the application.
His foot had swollen and seemed to be in gangrene and he feared it may be amputated. He claimed that the continued inaction to ensure medical treatment is a violation of his constitutional right under Article 5 regarding equality and for this reason, he is seeking this action.
Lawyer: Authorities' claim illogical
His counsel N Surendran, said it was illogical for the authorities to claim that his client does not want to seek treatment.
"He is having unbearable pain and he is not doing this on purpose. Yet despite this, they are not giving him proper treatment for the foot fracture and also his diet," he said.
"It is well known that people suffering from diabetes need to undergo proper treatment as a result of a wound. Failing which, it would result in amputation and possibly death," he added.
For this reason, the lawyer said the application is made to secure Uthayakumar's release so he could be accorded with proper medical treatment.
He said a certificate of urgency had also been filed to have the case heard.
His application was filed along with a certificate of urgency at the high court registry through legal firm Edwin Lim & Suren.
Uthayakumar, 48, who has been under detention since Dec 13, 2007, is seeking to be brought before the court, and also to secure an immediate release from detention.He named the home minister and the commandant of the Kamunting detention camp as respondents.
Uthayakumar's affidavit stated that he had been a diabetic patient for the past 14 years and he is also suffering from a hypokinetic heart condition.
He claimed that on Jan 31, while walking to see his family on an uneven road at the detention centre in Perak, he accidentally struck a stone resulting in an injury to his left toe. On the same day, he applied to the Kamunting camp authorities that he be brought to the Gleneagles hospital, a private medical centre in Kuala Lumpur.
However, despite making several requests, the camp authorities rejected his application.
Uthayakumar said on Feb 3, he was brought to the Kuala Lumpur Sessions Court for his sedition trial where he also applied to be brought to Gleneagles hospital. However, this was dismissed by the judge who ordered that he be brought to a government hospital.
He also claimed that physicians in Hospital Kuala Lumpur were influenced by Kamunting authorities and the special branch not to admit him. A X ray was taken of the foot and there were signs that there is a fracture resulting in swelling and difficulty in walking.
The lawyer claimed that he was sent back to the camp the next day where he applied to make a police report. However, he claimed that he was not given permission to do so until the next day.
On Feb 8, Uthayakumar said he showed his swollen foot to three policemen ‘Lance Corporal Sharif, Constable Asri and Inspector Ramli' to record in the detention camp's diary. He then made another request to be brought to the Gleneagles hospital.
Condition deteriorates further
Uthayakumar claimed that his condition deteriorated further on Feb 12 and he showed his foot to ‘Sergeant Major Yunos and Coperal Osman’ and once again applied to be brought to Gleneagles hospital.
"I told them I did not want to be brought to Taiping hospital as I felt there was no freedom and my health condition was being compromised as the doctors at the hospital had filed an affidavit not to support my habeas corpus application," he said.
"I then applied that I be brought to other hospitals besides Taiping hospital but my request was rejected. At about midnight on Feb 12, I was brought to Taiping hospital where I was treated by Dr Raden at the emergency ward. He referred to me to an orthopaedic specialist but he rejected my application for a X-ray to be done on my injured foot," he said.The lawyer claimed that the next day, one 'Chief Inspector Saleh' asked him to go to the Taiping hospital and he told the officer he would do so after making a police report.
He alleged that at about 3pm the same day, he submitted a form that he wanted to make a police report and that he does not mind being brought to any hospital quickly. However, no action was taken.
Uthayakumar made another application on Feb 14 and his fiancee also lodged a police report the next day.
Following media reports, he said on Feb 16, the Prisons Department deputy director-general and one Dr Wong came to the camp's clinic to inspect his foot.
However, he claimed that he was only sent to the Taiping hospital on Feb 17. At the hospital, he said journalists spotted him and began to take photographs. He said during the commotion, a prison guard pushed him resulting in him stepping on his injured foot.
Uthayakumar said he asked Taiping hospital’s Dr Gurmit Singh to record the incident and he did so but did not render him medical treatment.
Despite this, the applicant claimed Gurmit told him that he should not be walking as this would put pressure on his already injured foot. However, till today, Uthayakumar said he was not given any wheelchair or crutches.
Gurmit showed him the results of the x-ray which revealed two cracks and a chip on the foot. He claimed that he had not been placed on a diabetic diet while he was being detained for the past 15 months.
Uthayakumar claimed that his solicitors had written letters to the home minister dated Feb 12, Feb 23 and March 3 on the various issues that he had highlighted.
He also alleged that the camp authorities had made a false claim that he had rejected medical treatment, saying: "This is a serious error in facts and irresponsible action by the second respondent."
The lawyer claimed that his foot got worse on March 16 where it had swollen further and he made a police report to be brought to the Gleneagles hospital but this was not entertained.
He said this habeas corpus application is different from his other applications and there occurred a substantial change in his detention condition which warranted him to make the application.
His foot had swollen and seemed to be in gangrene and he feared it may be amputated. He claimed that the continued inaction to ensure medical treatment is a violation of his constitutional right under Article 5 regarding equality and for this reason, he is seeking this action.
Lawyer: Authorities' claim illogical
His counsel N Surendran, said it was illogical for the authorities to claim that his client does not want to seek treatment.
"He is having unbearable pain and he is not doing this on purpose. Yet despite this, they are not giving him proper treatment for the foot fracture and also his diet," he said."It is well known that people suffering from diabetes need to undergo proper treatment as a result of a wound. Failing which, it would result in amputation and possibly death," he added.
For this reason, the lawyer said the application is made to secure Uthayakumar's release so he could be accorded with proper medical treatment.
He said a certificate of urgency had also been filed to have the case heard.
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