The Kuala Lumpur High Court has ordered the armed forces to release N Tharmendran from detention at the Batu Cantonment detention camp.

NONE Justice Su Geok Yiam ruled that the armed forces had failed to follow proper procedures after re-arresting him on Nov 25 last year.

Reading out her judgment on Tharmendran’s ( right ) habeas corpus application seeking his release from military detention, Su said the armed forces had failed to comply with provisions clearly outlined in both the federal constitution and the Armed Forces Act 1972.

She pointed out that, while the move by air force personnel to arrest Tharmendran on grounds of being absent without leave was legal, they had not produced him before a magistrate within 24 hours, as required by the Armed Forces Act.

Su noted, however, that while Tharmendran claimed that he had ceased working for the air force since May 28 last year, the armed forces argued that his contract had been automatically extended for one year.

The ambiguity in his actual status, she said, was sufficient reason for the armed forces to arrest him on suspicion that he had gone absent without leave.

Amer Hamzah Arshad, Tharmendran’s counsel, told reporters later that this does not in any way determine whether or not Tharmendran is still attached to the air force.

“She said his arrest was lawful because there is no declaration regarding his status in the air force, but this does not decide that he is still working with the air force,” Amer said outside the court.

‘Tharmendran has gone through hell’

N Surendran, who is representing Tharmendran in a criminal case, said the court’s decision proves that the government and the armed forces have abused their powers in trying to silence his client.

Tharmendran has claimed trial to two charges relating to the theft of two air force jet engines from the Sungai Besi air base in 2007.

“It is quite NONE clear that the government and the armed forces have done something wrong, and we are seriously considering filing a civil suit against the government, said Surendran ( left ).

“Now with the High Court ordering Tharmendran’s release, we demand that the authorities do not re-arrest him. The harassment has gone on long enough.

“It is time to stop this abuse of power by carrying out illegal arrests and detention.

“He and his family have gone through hell... At least do the decent thing and leave Tharmendran alone and let the due process take its course."

Tharmendran’s father, N Nagarajah, was lost for words, but was clearly overjoyed with the court’s decision.

“I’m very, very happy. I’m going to celebrate Thaipusam with my son tomorrow,” said the retiree, who had been shuttling between Seremban - where he lives - and Kuala Lumpur by bus every morning these past three days.

Contacted later this evening, Surendran confirmed that RMAF authorities released Tharmendran from detention at the Batu Cantonment in Jalan Ipoh at 4.30pm after the camp commandent was served with the court order. 

Surendran said that his client was "very relieved" following his release and is currently with his parents in an unknown location.

"He hopes to be in Batu Caves tomorrow to carry out his religious vows. He also hopes that he is not rearrested, which has happened a few times, and that the authorities will allow the courts process to proceed normally," he said. 

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