Two applications filed by the lawyer for US terror suspect Ahmed Ibrahim Bilal to declare his detention and deportation illegal were struck out by the Penang High Court on grounds that Ahmed is no longer in Malaysia.

The court ruled this morning against hearing Ahmed's habeas corpus application filed on his behalf by lawyer Darshan Singh Khaira on grounds that the matter was out of the court's jurisdiction since Ahmed was no longer in the country.

A second application filed by Darshan asking for the court to declare Ahmed's deportation order illegal and seeking his return to Malaysia was also dismissed on grounds that the remedy actions requested by the lawyer could not be fulfilled by the court.

"The court said that some things cannot be done now like bringing Ahmed back to Malaysia," said Darshan when contacted.

The two applications were heard at the Penang High Court this morning by Justice Mohd Noor Ahmad.

Fresh motion

However, Darshan said the court had "dismissed the applications this morning with liberty to file afresh new motions".

The lawyer said he would file another application at the Penang High Court on Monday for the court to declare the deportation order illegal.

The motion is expected to name the Inspector General of Police, home affairs ministry, the director-general of the immigration department and the federal government as respondents.

Ahmed, a former student at the International Islamic University in Gombak, was deported on Thursday morning after Malaysian authorities handed him over to US officials following the revocation of his US passport.

He is wanted by the US government for allegedly participating in terrorist activities with the intention to "wage war against the United States".

Defamation suits

In a related matter, Darshan said he had not received a response from Kuala Lumpur High Court judge S Augustine Paul and Attorney-General Abdul Gani Patail to clarify whether they had made remarks which were "slanderous" against him (Darshan).

"The next time the AG steps into Penang, I will serve him a writ of defamation. Augustine Paul should also come to Penang to accept the service of the writ (of defamation) to show that he respects the judiciary," he said.

Yesterday, Darshan threatened to file defamation suits against Paul and Gani for allegedly making detrimental remarks and comments against him. He issued official letters to the two, giving them 24 hours to confirm if they had made the 'unbecoming' remarks as reported by the media.

The exchange of words started after Darshan withdrew Ahmed's habeas corpus application proceedings at the KL High Court on Thursday, only to refile fresh applications in Penang.

Paul was reported in newspapers as saying that Darshan had "taken the Malaysian legal process for a ride" and ordered Darshan's daughter, Damina Khaira, to pay costs to the government as she had affirmed one of the three affidavits in support of Ahmed's application.

Darshan was also upset with Gani for saying, as reported in the press, that Darshan had ulterior motives in withdrawing the application "to gain collateral advantage".