Former MIC president S Samy Vellu has had an originating summons filed against him by his son S Vell Paari, wanting to gauge the octogenarian's mental health.

According to a report in, the application was filed at the Kuala Lumpur High Court on Dec 2, naming the 82-year-old former works minister as the sole defendant.

Through the summons, Vell Paari, 57, is reportedly seeking to find out whether his father is a mentally disordered person and whether he could manage his own affairs.

Vell Paari sought the court to hold an inquiry under Section 52 of the Mental Health Act 2001, to determine whether Samy Vellu has allegedly started to be mentally disordered and whether he can give instruction to his solicitors, and when he could be incapable. The case is also aimed at discovering the properties owned by the former senior minister.

An originating summons is a document which formally begins a legal case were people agree on facts, but need a judge to decide on the meaning of a law, contract, or other document.

Hold inquiry into mental health

According to the report, Vell Paari, who is also former MIC secretary-general, wants a medical report be prepared to gauge his father's mental capacity, and a court date be fixed to hold an inquiry into Samy Vellu's mental health, with the latter be brought before the court.

In the case Samy Vellu is deemed mentally disordered, Vell Paari wants him, along with one lawyer C Vijaya Kumar, or anyone else the court deemed fit, be appointed to the committee of the former's estate, and the court to then determine the powers of the committee, make provisions for costs and expenses, and remunerations for the members.

Vell Paari said in the application that findings by one Professor David Ames, and one Dr Barathi, that significantly demonstrate prima facie that his father is a mentally disordered person, and that the latter has not been able to access funds from his bank accounts as the bankers are aware of his alleged condition and not prepared to follow his instructions.

Vell Paari also sought to have the inquiry in Kuala Lumpur be disposed of first, rather than the originating summons initiated against him and Samy Vellu by one Meeriam Rosaline Edward Paul, at the Ipoh High Court. Vell Paari has disputed the legal proceedings.

The case management for Vell Paari's application is fixed before the High Court deputy registrar today.

'In father's best interest'

Meanwhile, Vell Paari was later quoted telling The Star Online that the application was filed due to his father being diagnosed as suffering from dementia due to Alzheimer's disease in 2017.

"The definition of mental disorder under the Mental Health Act 2001 covers his condition.

"Consequently, my father has to be assisted in managing his personal and financial affairs, ” he was quoted saying.

Vell Paari also cited the third party lawsuit by Meeriam as the other reason his application was necessary.

According to Vell Paari further, his father had poor recall and registration of recent events, due to dementia, and as such, it was necessary for him to file the application to protect his father's interests.

His mother and sister were also aware of the application and are supportive of it, he added.

Photo source: Astro Awani