Deepak fails to reinstate Najib, seven others as defendants in suit by P.I Bala’s family


THE High Court today dismissed businessman J.R. Deepak Jaikishan’s application to reinstate the names of former prime minister Datuk Seri Najib Tun Razak (picture) and seven others as the third party in a suit filed by the family of a private investigator, the late P. Balasubramaniam.

Lawyer David Mathews, representing Najib and his wife, Datin Seri Rosmah Mansor, told reporters that Judicial Commissioner Quay Chew Soon made the decision after hearing the application in chambers.

Besides Najib and Rosmah, the six others are Najib’s siblings – Datuk Ahmad Johari and Datuk Mohd Nazim, counsel Tan Sri Cecil Abraham, Sunil Abraham, Arulampalam Mariampillai and commissioner of oath Zainal Abidin Muhayat.

Mathews said the court made the ruling on grounds that Deepak had failed to establish a prima facie case and his application lack particulars.

“The judge also ruled that Deepak had made inconsistent statements in his previous affidavits which contradicted his assertion in the present application.

“The court awarded total cost of  RM15,000 to the couple, another RM15,000 for Cecil and Sunil, and for Ahmad Johari, Mohd Nazim, Arulampalam and Zainal, the court awarded RM10,000 each,” said Mathews.

Lawyers Datuk RK Nathan and K. Vinod represented Deepak.

Najib, Rosmah, Ahmad Johari, Mohd Nazim, Cecil Abraham, Sunil Abraham, Arulampalam  and Zainal Abidin, as well as Deepak, had been named defendants in the suit filed by Balasubramaniam’s widow, A. Santamil Selvi and their three children, B. Kishen, B. Menaga and B. Reeshi.

However, they, except Deepak, had filed to strike out the suit.

On Jan 30, 2018, the Kuala Lumpur High Court rejected the applications by the eight defendants to strike out the second lawsuit filed by Santamil Selvi, however they succeeded in their appeal at the Court of Appeal to set aside the High Court ruling.

Deepak later filed the application at the High Court to include the eight as parties in the suit.         

Santamil Selvi and her three children had on July 23, 2017 filed the second lawsuit on behalf of Balasubramaniam against the nine individuals, including Deepak.

Balasubramaniam, also known as P.I Bala, was the key witness in the murder trial involving Mongolian Altantuya Shaariibuu in 2006. P.I. Bala died of a heart attack on March 15, 2013, a few weeks after returning from India.

In the statement of claim, Santamil Selvi and her children claimed that they had to move to India in exile due to the second statutory declaration made by Bala over the murder of the Mongolian model Altantuya Shaariibuu and said they stayed in India for 56 months from July 4, 2008.

Santamil Selvi and her children are seeking RM840,000 in damages, including the rental of an apartment in Chennai, India, school fees and the loss of income as a kindergarten teacher, housing loan, transportation cost, general and special damages and costs.