The government has no evidence to prove the existence of the Kumpulan Mujahidin Malaysia (KMM), a defence counsel submitted in the High Court today.

Ranjit Singh who was defending KMM suspect Sejahratul Dursina @ Chomel Mohamed told the court that "we do not know what KMM means and there is no evidence placed before this court to suggest their existence or evidence to suggest that they are a substantial body of persons.

"KMM could also mean Kumpulan Mahasiswa Mongolia," he quipped.

Sejahratul's habeas corpus application entered its third day before Shah Alam High Court judge Zaleha Zahari. She has been detained under the Internal Security Act for 54 days.

Habeas corpus is a writ to determine whether a person's detention is lawful. The application named Inspector-General of Police Norian Mai, Home Affairs Minister Abdullah Ahmad Badawi and the government as respondents.

"It is also imperative for the police to justify that KMM is a substantial body of persons seeking to overthrow the government," Ranjit said.

Ranjit argued that the ISA was specifically meant to deal with the communist threat when it was first passed in 1960, and provisions in the Federal Constitution which allows for the ISA, were meant only for an identifiable body of persons with a clear intent to threaten national security.

"The communists are a substantial body of persons, the Tamil Tigers are a substantial body of persons. They have manifestos for their goals but there is no such thing for this KMM.

"There is absolutely no basis in the allegation whatsoever that Sejahratul is a communist, or is part of a communist threat to Malaysia. The arrest and detention is ultra vires the ISA and is in any event unconstitutional,' Ranjit added.

62 suspects arrested

Sejahratul, a 37-year-old IT company director, was detained under the ISA on April 17 in a two-day police operation against suspected KMM members. The number of arrests now stand at 62 with police stating that 100 more would be arrested.

Defence lawyers however said last Friday that her arrest was to apply pressure on her husband Yazid Sufaat, said to be another KMM member and also the point man for the Osama Bin Laden-helmed al Qaeda terrorist network in Malaysia.

The al Qaeda has been accused of being responsible for the Sept 11 terrorist attacks on New York and the Pentagon.

Ranjit also used the hansard of parliamentary proceedings to show that the then Deputy Prime Minister Tun Abdul Razak had meant the ISA to be used against communist insurgents in the country in the 1960s.

"Tun Razak would not use it for any other purpose and he spoke as the trustee and the leader of the government which has been given a mandate to rule. The government of today however have misused this trust and have acted outside of the law and the Federal Constitution," Ranjit said.

Sejahratul was also represented by R Sivarasa, Edmund Bon, Malik Imtiaz, Saiful Izham and KY Ho. The government is represented by Nordin Hassan, Kamaludin Mohd Said and Norbahri Baharuddin.

The hearing continues on Wednesday.