The five Hindu Rights Action Force (Hindraf) leaders who were arrested on December 13, 2007, under the Internal Security Act, will remain at the detention camp in Kamunting, Perak after the Federal Court today dismissed their motion for a review in their habeas corpus application.

Justice Nik Hashim Nik Ab Rahman, who was leading a three-member panel, said the decision to dismiss the motion was a unanimous one.

"In view of the application, the authorities used by the previous panel (of judges) and also the written judgment made by Chief Judge of Malaya Alauddin Mohd Sheriff (now Court of Appeal president) we are of the view that we should not interfere with the judgment.

"If we make an attempt to do so, it will lead to another appeal and we are not prepared to do so. Hence, we dismiss the motion of a review with costs," Nik Hashim said before a packed court room.

However, counsel Karpal Singh who was representing the five, told Nik Hashim that as this was a criminal application, the apex court should not asks for costs.

Following this, Nik Hashim agreed not to impose costs. Sitting with him were Justices S Augustine Paul and Zulkefli Ahmad Makinudin.

hindraf isa detainees 290808 On May 14, 2008, Alauddin who was leading a three-member panel, dismissed the Hindraf leaders' appeal. His written judgement, which was mentioned by Karpal, was only obtained two weeks ago, hence the hearing of the review today.

The dismissal of the appeal came after it was ruled that Prime Minister Abdullah Ahmad Badawi, who was also the Internal Security Minister then, had lawfully executed the order for their detention.

The panel also agreed with the findings of Kuala Lumpur High Court judicial commissioner Zainal Aznam Abdul Aziz who held that the minister could order a person to be detained under section 8 of the ISA without waiting for a full investigation by the police.

The five are P Uthayakumar, 47, V Ganabatirau, 35, R Kenghadharan, 41, T Vasantha Kumar, 35, and 47-year-old M Manoharan. The five were detained for their involvement in the Nov 25, 2007, Hindraf rally in Kuala Lumpur.

They were detained under Section 8(1) ISA on Dec 13 2007 under Abdullah's orders.

'Unjust, procedurally flawed'

Although the five may seem to have exhausted legal avenues to secure their release, they had also filed a similar habeas corpus appeal at the apex court following an Ipoh High Court case.

The Ipoh High Court had on Sept 8, 2007, dismissed their habeas corpus application and ruled that the minister acted according to the legal provisions in making the order. This appeal is still pending at the apex court.

karpal singh 00 Earlier, Karpal in his submission, said he was making an application for the review following a decision by the apex court on May 14, which he described as unjust and procedurally flawed.

The veteran lawyer said should the minister invoke section 8 of the ISA in issuing the detention order, it should be done after full investigations are conducted.

"Hence, the detention order made without full investigations is unjust," he said.

"There was no basis for Prime Minister Abdullah Ahmad Badawi, who was also the then Internal Security Minister, to give the detention order.

"This is a draconian law and the argument (for the detention) has no merit," he submitted.

Following this, Karpal said the court should allow the motion for a review.

Third appeal

Meanwhile, Senior Federal Counsel Abdul Wahab Mohamad said Alauddin's judgement was right and hence, there should not be an application for a review.

"Section 8 of the ISA can operate independently as the minister can issue the detention order after an initial report from the police.

"The minister acted on the basis that they are a threat to national security for organising the Nov 25, 2007, demonstration," Abdul Wahab said.

Karpal in his reply said he was of the view that the decision was unjust and there was no circumstances warranting the five's detention.

m manoharan The same panel also fixed Feb 17 to hear Manoharan's third habeas corpus appeal. The appeal is for Manoharan, who is also the Kota Alam Shah assemblyperson to be present in state legislative assembly seatings.

Manoharan, who is a lawyer himself, was represented by counsel Sri Murugan in this application.

Augustine on hearing this case said he did not know that anybody was allowed to file so many habeas corpus applications.

Sri Murugan then informed the panel that this was a different application following his client's status as an elected representative.

Following this, Nik Hashim fixed the date to hear the application.