S Thanabalan’s widow, V Santhi, and father-in-law P Vathian named 12 policemen, including then inspector-general of police Mohamad Fuzi Harun, as defendants.
The others are Nadzir Afiq Abduk Malik, Ho Teck Hin, Clement Antas anak Entre, Mohd Nizam Hamzah, Mazhar Mohamad, K Sugendran, Roslan Ahmad, Mohammad Hashim Kasman, Efandi Main, Baharudin Mat Taib and Mazlan Mansor.
The government is included as the 13th defendant as it will be held vicariously liable if the policemen were found responsible for the alleged negligence or omission.
The suit was filed in the Shah Alam High Court through Messrs Saibullah MV Nathan & Co last month.
Santhi, 41, filed the action on behalf of Thanabalan’s estate, herself and their two children. Vathian, 72, is the co-administrator of the estate.
They are asking for general, exemplary and aggravated damages, a dependency claim, bereavement and funeral expenses and other relief deem fit by the court.
They are also seeking damages due to the tort of misfeasance in public office for the misconduct of the policemen.
In the statement of claim sighted by FMT, Santhi and Vathian said Thanabalan had been entrusted under the care and control of Nadzir, Ho, Clement and Nizam, who were on duty during the material time.
They said the men were supposed to observe and ensure through the closed circuit television camera that Thanabalan was safe and remained healthy.
They claimed that the rest of the policemen also failed to supervise their subordinates to ensure that they carried out their duties in accordance with the laws and regulations.
Thanabalan was arrested in front of SJK (C) Soo Jin on March 29, 2018 for his alleged involvement with a secret society.
He was produced before a magistrate on March 30 and was to be detained under the Security Offences (Special Measures) Act (Sosma) until April 26.
However, he was pronounced dead by doctors at Hospital Shah Alam on April 17 after being rushed there from the Shah Alam police headquarters.
His death led to questions by civil society groups on the police’s commitment to putting an end to custodial deaths.
The plaintiffs claimed that Mazlan, who was then Selangor police chief, had also breached his statutory duty by issuing a media statement denying that Thanabalan had succumbed to his death due to the oversight of his officers.
“He also did not give an undertaking that action would be taken against those responsible for the deceased’s death,” they said, adding that the defendants had also committed the tort of misfeasance in public office.
Santhi and Vathian said they would also rely on the outcome of an inquest last year to prove their case.
In her findings in December, coroner Rofiah Mohamad said Thanabalan had possibly died due to myocardial bridging, a heart condition which normally would not kill anyone by itself.
Rofiah said Thanabalan could have possibly died at the police station or on the way to the hospital “because he was brought in dead”.
Thanabalan was found to have suffered from leptospirosis as a result of being exposed to rat urine, and his heart condition had deteriorated.