The six reformasi activists held under the Internal Security Act (ISA) said today their continued detention proved that they are being kept behind bars because they oppose the Barisan Nasional government.

In a press statement, the six said the authorities' refusal to set them free, despite the Federal Court ruling that the initial arrest of four of them was done in bad faith, showed that the ISA was used against them for political reasons.

In view of the court ruling, the six Keadilan leaders Tian Chua, Mohd Ezam Mohd Noor, Saari Sungib, Dr Badrulamin Baharon, Lokman Noor Adam and malaysiakini columnist-cum-filmmaker Hishamuddin Rais reiterated their demand to be freed immediately.

Although Badrulamin and Lokman are not among the five named in the habeas corpus application allowed by the court, their lawyer R Sivarasa said the ruling applied to them as well since they were detained under the same 'charge'.

Habeas corpus is a writ which challenges the legality of a person's detention.

The five named in the application are Chua, Mohd Ezam, Saari, Hishamuddin and Free Anwar Campaign director Raja Petra Raja Kamaruddin.

Raja Petra was released before the expiry of the initial 60-day detention, but he proceeded with the appeal anyway to clear his name.

Mohd Ezam is now serving a two-year jail term for breaching the Official Secrets Act by leaking to the media, classified documents about an anti-graft probe regarding two Barisan Nasional politicians.

The others are undergoing a two-year detention under the ISA at the Kamunting Detention Centre in Perak.

They were arrested in April last year for allegedly wanting to topple the government through militant means, a charge which they have denied from the outset.

No moral, legal basis

In the press statement issued by their lawyer R Sivarasa, the six charged that Deputy Prime Minister and Home Minister Abdullah Ahmad Badawi had no moral or legal basis to continue holding them.

They pointed out that the two-year detention orders which the minister had issued were based on what the court described as "unlawful" arrest by the police.

They said their demand for freedom was justified considering that the court had not only allowed their appeal but also proved their contention that their arrests were made in bad faith, politically motivated and had no relation to national security as charged by the authorities.

On Sept 6, the Federal Court, which heard the habeas corpus application of five detainees, ruled that their initial 60-day detention made under Section 73 of the ISA was unlawful and the police had acted in bad faith by detaining them.

However, the decision did not result in their release as, according to the court, the ruling did not affect the two-year detention orders signed by the home minister.

The court said to determine the legality of their subsequent detention, a separate habeas corpus application must be filed.

However, the detainees declined to file a fresh application, saying they should be freed because the detention orders by the minister were made pursuant to the police detention which has been declared illegal.