He has been arrested three times under the Emergency Ordinance (EO) but his lawyer claimed that A Balakrishnan does not have a criminal record.

M Manoharan said his client, who is currently staging a hunger strike to protest his banishment to Kelantan, was once detained for five days without a remand order.

Balakrishnan ( right ), an MIC branch leader from Rawang, subsequently filed a lawsuit against the police over that particular arrest and the case is still pending at the high court.

In 1998, he was detained for 59 days under the EO over gangland related charges. According to a friend, he was let off then due to his political links.

He was arrested again under the act, which allows for detention without trial, on June 24, 2004 and sent to the Simpang Renggam detention centre in Johor.

On Feb 25 this year, the Johor High Court ruled that Balakrishnan's detention was illegal and set him free. But his joy was short-lived.

The 36-year-old father of two was immediately re-arrested ( see video ) on the same day and placed under restricted residence in Kuala Balah, Kelantan.

Freedom or death

Balakrishnan then resolved to go on a hunger strike to protest against what he terms as injustice by the police.

He is now in his 17th day of the strike while his wife, M Rukumani Devi, who joined him later, has brought her protest to the doorstep of the Internal Security Ministry in the administrative capital.

On Wednesday morning, the police 'f orcibly ' took her to the Putrajaya Hospital where she is being warded. But the 35-year-old housewife still refuses to eat or consume water.

Balakrishnan has vowed to take his strike to the point of death if his plight is not taken into consideration by the authorities.

Meanwhile, Manoharan explained that since his client is under restricted residence, technically he is not a detainee and hence cannot file a habeas corpus application to secure his release.

The main catalyst behind the hunger strike was the release of businessman and alleged underworld don Koo Tee Yam from Simpang Renggam in October.

Koo, who was detained under the EO several months back, was also released by the court and immediately re-arrested.

But his case received prominent media coverage and policy makers called on the authorities to respect the court's decision.

The businessman, who is said to be one of the 'heavenly kings' in the Chinese triads, was later freed.

Double standards

This, according to Balakrishnan, is double standards. He wants to be accorded the same treatment or be charged in court for his alleged crimes.

The MIC leader has always maintained his innocence, claiming that he was framed by his political rivals in the party.

According to the charge sheet, he is supposed to be the leader of the '08' gang in Rawang involved in various crimes ranging from assault to extortion.

Balakrishnan also plans to file a suit against Deputy Internal Security Minister Noh Omar, who inked his detention order, and the police for contempt of court.

Kuala Balah has no electricity, running water or job opportunities, said Manoharan. "It is an area that is 50 years behind time".