A widow and her three-year-old child filed a legal suit today claiming RM1.1 million in damages over the death of her husband in 2004 while in police custody.

C Jayamalar 24 and her daughter N Malavika are suing the Malaysian government and six others for causing the death of B Nagandren who was allegedly shot dead by Ampang police officers on Jan 13, 2004. Nagandren was 22.

The defendants named were Attorney General Abdul Ghani Patail, an unnamed police constable who allegedly shot the deceased, former Ampang OCPD Azmi Hashim, Inspector General of Police Musa Hassan and former Selangor CPO Mohd Noor Hamat.

Plaintiffs' lead counsel M Manoharan said they were suing the government under Civil Law Act 1956 (Sect 7) and Article 5 of the Federal Constitution which is the right to life.

On Jan 13, 2004, Nagandren was arrested by the Ampang police for allegedly committing a serious criminal offence. When he refused to admit that he was responsible, Nagandren was tortured. This eventually led to his death.

The alleged offence was that the samurai sword, chopper, metal stick and axe in the lorry Nagandren was travelling in that night belonged to him.

"While torturing the deceased, the police also pulled out the nails from his 10 fingers," Manoharan told reporters this morning after submitting the suit in the civil registry at the Kuala Lumpur High Court.

According to the lawyer, the deceased was supposed to be married legally to his wife, Jayamalar, on Jan 15, two days after he was shot dead.

This has deprived them to be a legal couple under Malaysian law, Manoharan said.

Police cover up

The couple were married in 2003 under Indian customary laws. The couple had one daughter, who was six months old when the father was shot dead at Pandan Safari, Ampang.

Manoharan said when the widow asked the police why her husband was shot dead, the police merely replied, "we shot him and he died."

"This is a very irresponsible response," he said.

Manoharan also claimed a 'police cover up and fabrication of evidence', saying it was unfortunate that the AG did not punish the police officers for their action and the fabricated evidence of weapons found in the lorry.

Meanwhile, lawyer P Uthayakumar who was also present this morning said that police reports, memorandums and letters had been sent to various parties seeking an explanation on Nagandren's death but to no avail.

"We have sent 16 letters to the AG, Ampang police station and IGP, but none of them responded. Therefore we have to bring the case to court," he said.

Police Watch and Human Rights Committee secretary S Manikavasagam also submitted a memorandum to Bukit Aman two weeks after the death of Nagandren, seeking to meet the IGP but he, too, failed to see him..

"I went to Bukit Aman to make a request for investigation into the case but they did not even want to see me," he told reporters.

Among family members of the deceased present in court this morning were his father, M Chelvaraju, an aunt M Pusparani and C Banupriya, a sister.