PUTRAJAYA: The Court of Appeal on Thursday (Oct 19) rejected a family's appeal to set aside the High Court's decision which dismissed their legal action against the government over a police detainee P. Karuna Nithi's death in 2013.
Reading out the decision, justice Mohd Nazlan said while the second suit tried a different approach by seeking relief over alleged contravention of fundamental rights under the Federal Constitution, the said suit still in essence was seeking compensation from the government over Karuna Nithi’s death.
"The court found that Section 2(a) of the Public Authorities Protection Act (PAPA) is not ultra vires Article 8 of Federal Constitution. Karuna Nithi's family was represented by counsel T. Manoharan while Senior federal counsel Donald Joseph Franklin represented the 16 respondents including policeman and the government.
In January 2015, the coroner's open verdict ruled that Karuna Nithi's death was due to several factors, including beatings by the police, as well as other inmates, resulting in him sustaining the 49 injuries.