FMT:
Court’s decision to add hospital director to Ramasamy’s suit upheld
Yesterday
Predeep Nambiar
Judge dismisses appeal by Bukit Mertajam Hospital director Dr S Prashant against being included in the defamation suit against a senator
Former Penang deputy chief minister P Ramasamy (left) is suing Senator RA Lingeshwaran for claiming that he caused a split among the Hindu community and failed to uplift the status of the Indians during his time in office and as chairman of the Penang Hindu Endowments Board.
GEORGE TOWN: The High Court here has upheld a decision by the sessions court to add Bukit Mertajam Hospital director Dr S Prashant as a party to a defamation suit filed by former Penang deputy chief minister P Ramasamy.
Justice Rozana Ali Yusoff dismissed Prashant’s appeal and ordered him to pay RM3,000 in costs, according to the transcript of the proceedings this morning.
The sessions court previously allowed Ramasamy, a former chairman of the Penang Hindu Endowments Board, to name Prashant as a co-defendant in a suit originally filed only against Senator Dr RA Lingeshwaran.
The suit concerns a statement titled “Unite, not divide! Senior Hindu leaders told”, which Ramasamy said was circulated via WhatsApp in late December 2023.
Ramasamy said he first learned of the statement when three journalists sent it to him and asked for his comment. He claims the journalists had obtained it from Prashant.
He said his earlier application to compel Prashant to hand over WhatsApp screenshots had been rejected, leading him to seek Prashant’s inclusion in the suit.
Prashant’s lawyers argued that he had no role in the political dispute and should not be named in the suit.
However, the sessions court held that forwarding the statement, if proven, might amount to publication in law, and therefore connected him to the alleged defamatory statement.
The court also found that the claims against both defendants arose from the same subject matter.
In upholding that decision today, the High Court also directed Prashant to file his defence by Dec 17. The sessions court had fixed Dec 18 for case management.
Lawyer Shamsher Singh Thind represented Ramasamy while K Simon Murali and Kok Yuen Lin represented Lingeshwaran. Prashant was represented by P Subramanian.
Ramasamy is suing Lingeshwaran over claims that he had caused a split among the Hindu community and failed to uplift the status of the Indians during his time in office as deputy chief minister and as chairman of the endowments board.
Ramasamy says the allegations are false and politically driven.
Lingeshwaran admits issuing the statement, but says it was never published by any media outlet.
He maintains that his remarks were made in response to Ramasamy’s public criticism of the board’s “united Thaipusam” plan, and blames Ramasamy’s introduction of a second chariot in 2017 for friction between followers of the Silver and Golden chariots.
Justice Rozana Ali Yusoff dismissed Prashant’s appeal and ordered him to pay RM3,000 in costs, according to the transcript of the proceedings this morning.
The sessions court previously allowed Ramasamy, a former chairman of the Penang Hindu Endowments Board, to name Prashant as a co-defendant in a suit originally filed only against Senator Dr RA Lingeshwaran.
The suit concerns a statement titled “Unite, not divide! Senior Hindu leaders told”, which Ramasamy said was circulated via WhatsApp in late December 2023.
Ramasamy said he first learned of the statement when three journalists sent it to him and asked for his comment. He claims the journalists had obtained it from Prashant.
He said his earlier application to compel Prashant to hand over WhatsApp screenshots had been rejected, leading him to seek Prashant’s inclusion in the suit.
Prashant’s lawyers argued that he had no role in the political dispute and should not be named in the suit.
However, the sessions court held that forwarding the statement, if proven, might amount to publication in law, and therefore connected him to the alleged defamatory statement.
The court also found that the claims against both defendants arose from the same subject matter.
In upholding that decision today, the High Court also directed Prashant to file his defence by Dec 17. The sessions court had fixed Dec 18 for case management.
Lawyer Shamsher Singh Thind represented Ramasamy while K Simon Murali and Kok Yuen Lin represented Lingeshwaran. Prashant was represented by P Subramanian.
Ramasamy is suing Lingeshwaran over claims that he had caused a split among the Hindu community and failed to uplift the status of the Indians during his time in office as deputy chief minister and as chairman of the endowments board.
Ramasamy says the allegations are false and politically driven.
Lingeshwaran admits issuing the statement, but says it was never published by any media outlet.
He maintains that his remarks were made in response to Ramasamy’s public criticism of the board’s “united Thaipusam” plan, and blames Ramasamy’s introduction of a second chariot in 2017 for friction between followers of the Silver and Golden chariots.
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