KUALA LUMPUR - A 14-year-old boy has sued the Federal Territory Islamic Affairs Department and two others for negligence during a circumcision, which he claimed had left his "sexual function doubtful".
However, the department was let off the hook when High Court Judge Justice Zabariah Mohd Yusof allowed its application to strike out the claim with a cost of RM1,000 (S$410) yesterday.
Case management for the claim against the two other defendants - Sunathrone Bio Medical Sdn Bhd and its medical officer adviser Dr Mohd Tasron Surat - has been fixed for April 5.
She made the order after hearing submissions by Federal Counsel Mohamad Sallehud-din Md Ali and the boy's lawyer Stefeny David in chambers.
Mohamad Muhammad Farhan, who sued through his father Ishahak Mak, said he had suffered severe injuries to his private parts as well as emotional and psychological disturbance due to their negligence after taking part in a mass circumcision programme on Nov 16, 2008.
He said there were 357 participants in the event known as Program Sunathon Perdana Jabatan Agama Islam Wilayah Persekutuan at Masjid Al-Muqarrabin in Bandar Tasik Selatan.
The programme was organised by the department and Sunathrone.
In the lawsuit filed on Nov 14, Muhammad Farhan claimed that the defendants had failed to ensure that there was no injury to his private parts during the circumcision.
He said Sunathrone had failed to ensure that it had sufficient and experienced doctors to conduct the circumcision, alleging that he suffered pain on his private parts and had to undergo other surgeries.
He claimed that he had suffered pain and could not urinate the day after the circumcision.
Muhammad Farhan said a government hospital specialist had since advised him that the condition of his "sexual function" at present was "doubtful".
He said he had also arrived at the mosque at 8am for the circumcision but could only undergo the procedure at 5pm because there was no proper system in place.
The boy, who claimed to have been embarrassed and disappointed by their actions, is seeking general and special damages, costs, and other relief deemed fit by the court.