Sritharan Kukaneson, who filed the action through Messrs Komathi Arunasalam on Monday, wants a declaration that his arrest and detention, termed as “chain remand”, for the first 41 days from Feb 24 were null and void.
Sritharan, 45, represented by A Komathi and S Vinesh, also wants a declaration that his subsequent detention under the Prevention of Crime Act (Poca) was illegal.
In the application sighted by FMT, the father of two also wants an order that he should be freed immediately.
Komathi said they were waiting for an early hearing date from the Shah Alam High Court since the application was filed with a certificate of urgency.
Sritharan said he was arrested with A Ganapathy by plainclothes policemen in front of his house in Batu Caves after he was questioned about a person identified as Surian.
Ganapathy died at the Selayang Hospital on April 18, just over a month after he was warded. His death in controversial circumstances led to outrage and calls for reform within the police system.
Sritharan said police did not inform his family members about his arrest or allow him to engage lawyers of his choice.
“The police allowed me to make a call to my wife (Krichana Kumarthi) only on April 4,” he said in his affidavit in support of his application.
He said he and Ganapathy were taken to the Gombak police district headquarters, where he claimed they were assaulted before being put in a lock-up.
He said he was produced before a magistrate the following day but was remanded for 41 days, which was in breach of the Criminal Procedure Code that allows police to detain a suspect for a maximum 14 days.
Sritharan said that on April 5, he was produced before a magistrate in Shah Alam to obtain a 21-day remand under Poca, a law on preventive detention.
He said it was at this juncture that he was able to appoint a lawyer, but he was only able to meet his wife on April 16 – 52 days after his arrest.
The remand under Poca was extended by another 38 days on April 23.
He said his wife lodged a police report over his arrest and alleged torture.
Komathi said Sritharan was seeking a legal remedy as provisions in the Federal Constitution and federal laws had been violated.