He said AG Idrus Harun, who is also the public prosecutor, could rely on Section 339 of the Criminal Procedure Code to call for an independent inquiry to ascertain the circumstances that led to the victim’s death while in custody.

“This section empowers the public prosecutor in cases of death, such as Ganapathy’s, to direct an inquiry with a view to take action if there is a need,” he said in a Facebook post today.

Ganapathy died at the Selayang Hospital on April 18, just over a month after he was warded. His family’s lawyer had said the pathologist had confirmed he died as a result of injuries on his legs and shoulders while in police custody.

According to previous reports, Ganapathy’s mother, S Thanaletchumy, said her son had informed her that he had been beaten with a rubber hose by the police.

Yesterday, Gombak police chief Arifai Tarawe said there was no evidence that Ganapathy was beaten while in police custody.

However, Gobind said this should be determined by an independent inquiry in which the victim’s family should also be given a right to be heard.

“The law is therefore designed to meet and address cases like this. There is no reason not to make full use of these provisions in order to ensure justice for Ganapathy.

“The government too must speak up. The home minister (Hamzah Zainudin) must break his silence,” he added.