Shashitheran Valan claimed that his spinal cord was damaged and he had lost control of his urinary functions as a result of the assault by fellow detainees.
He is suing the government, five prison wardens, the Sungai Buloh Prison director, the Prisons Department commissioner general and the home minister.
Shashitheran, who was in jail pending trial on a drug charge, claims they neglected and failed in their statutory duties to ensure his safety and welfare while in detention.
The lawsuit was filed today at the High Court registry here.
Shashitheran, who previously worked as a driver, is seeking damages and a declaration that his detention infringed the Federal Constitution and prison laws as he was placed in a cell with 100 other people.
Shashitheran had claimed trial on Nov 23, 2015, for an offence under Section 39A of the Dangerous Drugs Act (DDA). As he was unable to post bail, he was sent to the Sungai Buloh Prison pending trial.
On Dec 1, he was taken for medical treatment to Hospital Sungai Buloh. He was later fined and released after pleading guilty to a reduced charge under Section 12 of the DDA.
In Shashitheran’s statement of claim, he alleged he was assaulted by five detainees sharing the same prison cell at Sungai Buloh Prison.
“I was beaten on Dec 1, 2015, by the detainees because I told them not to steal food.
“They came and attacked me for voicing out against them,” he said in his statement.
Shashitheran said during the assault, he fell on the floor and a detainee stepped on his neck, causing him to lose consciousness.
The 36-year-old claimed he had earlier screamed for help, but that the five wardens on duty – Zahit Zulkifli, Johari Ismail, Mokhtar Hamat, Narul Zaman Md Sidek and Wan Azman Abdul Rahim – had not come to his aid.
Shashitheran said he was given help later that day when other detainees intervened on his behalf.
He was then admitted to the intensive care unit of Hospital Sungai Buloh.
Speaking to reporters after filing the suit, his lawyer N Surendran said the government should explain how it could allow such things to take place in Malaysian prisons.
“It seems they are treated like animals,” he said.
Meanwhile, Shashitheran’s other lawyer, Latheefa Koya, questioned the actual situation inside the prison.
“This is a healthy man, but how is it he can come out with permanent damage?” she asked.