Reform movement Aliran criticised the Federal Court's failure to back up their ruling in favour of the five reformasi leaders who were detained under the Internal Security Act (ISA) by releasing them.

"It is not without merit that the latest Aliran Monthly carries a back-page article entitled, 'Is there hope in our judiciary?'," said the president, P Ramakrishnan, in a statement.

On Sept 6, the Federal Court found that five reformasi leaders Tian Chua, Mohd Ezam Mohd Noor, Saari Sungib, Hishamuddin Rais and Raja Petra Raja Kamaruddin had been detained unlawfully for the first 60 days under the ISA.

However, the court did not release them from a further two-year detention ordered by Home Minister Abdullah Ahmad Badawi.

Insufficient grounds

Aliran questioned the Federal Court's conclusion that it was powerless to decide whether the further detention ordered by Badawi was unlawful despite the fact that the Court had found the initial 60-day detention to be in bad faith.

"Anyone with any sense of justice must be wondering how it is possible for the initial detention to be unlawful and the subsequent one lawful," Ramakrishnan said.

Under section 73 of the ISA, police are empowered to detain those suspected of committing activities prejudicial to national security for a period of 60 days.

At the end of 60 days, police will make recommendations to the home minister, who is empowered to detain the suspects for another two years under section 8(1) of the act.

Ramakrishnan argued that since the court ruled that the initial detention under section 73 "had no link with national security", the home minister should automatically have insufficient grounds to order a further two years of detention under section 8.

"Why should there be a need for further adjudication when the initial detention was unlawful and in bad faith?" he said.

After the Sept 6 ruling, the court advised the appellants to file a fresh habeus corpus application if they wished to challenge the two-year detention ordered by Badawi.

Plot to topple government

The five reformasi leaders were detained last year for allegedly plotting to topple the government through militant means.

Raja Petra, the director of FreeAnwar.com, has since been freed. Mohd Ezam, the Keadilan Youth chief, was found guilty of breaching the Official Secrets Act (OSA) last month and is serving a two-year sentence in the Kajang prison.

Keadilan vice-president Chua, party leader Saari and malaysiakini columnist-cum-filmmaker Hishamuddin are still detained under the ISA at the Kamunting Detention Centre in Perak.