The Kuala Lumpur Federal Court today allowed an appeal brought by five reformasi leaders that their detention by the police in their first 60 days under the Internal Security Act (ISA) was unlawful.

The four-member Federal Court panel Chief Justice Mohamed Dzaiddin Abdullah, Chief Judge of the High Courts of Sabah and Sarawak Steve Shim, Justice Siti Norma Yaakob and Justice Abdul Malek Ahmad unanimously agreed that the police had acted in bad faith when arresting them in April last year.

However, the court announced 20 minutes later that its decision would not affect the two-year detention orders signed by Home Minister Abdullah Ahmad Badawi after the expiry of the first 60 days.

Dzaiddin said that it is now up to the detainees whether to file another fresh habeas corpus application to challenge the two-year detention issued under Section 8(1) of the ISA.

Lawyer R Sivarasa for one of the reformasi leaders later told reporters that they are still studying the matter and will discuss it before deciding whether to file a fresh habeas corpus application or not.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain if their detention is lawful.

The first 60 days of detention is made under section 73 of the ISA, which empowers the police to arrest those suspected of committing activities prejudicial to national security.

After the expiry of the first 60 days, the police will make recommendations to the home minister who is empowered under section 8(1) of the Act to further detain the suspects for another two years.

The reformasi leaders Keadilan vice-president Tian Chua, party Youth chief Mohd Ezam Mohd Nor, party leader Saari Sungib, malaysiakini columnist-cum-film maker Hishmamuddin Rais and FreeAnwar.com webmaster Raja Petra Kamaruddin filed a writ of habeas corpus after their arrest in April last year seeking to be released from detention under the ISA, which allows detention without trial.

While Raja Petra has since been released, the rest with the exception of Ezam are still serving their two-year detention order in the Kamunting Detention Centre in Perak. Ezam, found guilty for breaching the Official Secrets Act (OSA) last month, is now in Kajang prison serving a two-year jail sentence.