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Shah Alam High Court judge Suriyadi Halim Omar postponed the detainee, Nasharuddin Nasir's habeas corpus application hearing to June 11.
Earlier, Suriyadi heard the detainee's lawyer, Malik Imtiaz, arguing for the right to counsel.
According to Malik, his client should be allowed access to his lawyers as it was a right under the Federal Constitution.
"His ability to give us information is hampered by the lack of access to his counsel. We don't know of his condition because we do not have access and there is nothing in Sec 73 of the ISA that says he cannot have access.
"It is (access to legal counsel) essential for the maintenance of justice," argued the lawyer.
Malik also requested that Nasharuddin, a 45-year-old fish monger and Telekom Malaysia technician, who has been under detention since April 17, be freed and not be detained again under the ISA.
Section 73 allows for the police to detain an individual for up to a period of 60 days if there is sufficient ground to justify that the individual is a threat to national security.
However if the home minister deems it, the suspect may be further detained for a period of up to two years after the initial 60-day detention period expires.
Investigatory stage
Responding to Malik's argument, the judge said lawyers dealing with habeas corpus were always jumping onto the bandwagon by challenging ISA detentions even before a two-year detention order was issued.
"Counsel has jumped the bandwagon even before the detention order is given when it is still at the investigatory stage," Suriyadi said.
The judge added that the counsel were forced to depend on hearsay and advised Malik and his defence team to wait until Nasharuddin's 60-day detention period ends on June 16.
Following this, Suriyadi, who had been coughing since the onset of the hearing, said he felt ill and the case was subsequently postponed.
Nasharuddin's habeas corpus application was filed by his wife Norlida Johuri on May 14 against Inspector-General of Police Norian Mai, the government and Home Affairs Minister Abdullah Ahmad Badawi.
According to her affidavit, her husband was arrested in the early morning while he was discussing with his partner Yusof Zabidi their plans to expand their business in Hulu Langat..
She also complained that she was not provided with any details except for a copy of the detention order.
She added that her husband's constitutional rights had been violated and that his detention was illegal, irrational, without reason and politically motivated.
Not political
In his affidavit of reply, the police chief gave an assurance that Nasharuddin was safe and in good health.
"Nasharuddin is believed to be involved in activities which may threaten national security. His arrest and detention has nothing to do with politics," said Norian.
Nasharuddin was among 14 people rounded up by the police early this April for their alleged involvement in the KMM — which aimed to overthrow Southeast Asian governments through violence and convert their respective countries into Islamic states.
The group was also linked to the Osama bin Laden-helmed al-Qaeda terror network which was blamed for the Sept 11 attacks on the United States.
So far the police have detained 62 suspected KMM members since last year, including the son of PAS spiritual leader and Kelantan Menteri Besar Nik Aziz Nik Mat.
Malik is also assisted by Edmund Bon, Manjit Singh, KY Hon and Saiful Idzham. The government is represented by Senior Federal Counsel Nordin Hassan and Kamaruddin Mat Saib.
Habeas corpus is a legal writ challenging the legality of detentions made by the authorities. Held under Section 73 of the detention-without-trial ISA, Nasharuddin was arrested on April 17 and has now been detained for 47 days.