The Federal Court today dismissed an appeal by a Malaysian and seven foreigners, who were held at one time under the Internal Security Act (ISA) for suspected involvement in international terrorism, against the High Court's dismissal of their writ of habeas corpus .

They are Malaysian Azzahari Murad and Luqman Abdul-Salam, Uthman Abdul-Alhi Bolajoko, Aiman Yosof Aldakkak, Mohamed Hozifa Aiman Al Dakak, Kutiba Ahmad Al Issa, Khalid Saleem Mohammed and Hasan Mohamed Murei Korban Baroudi of the Middle East and Africa.

They were arrested under the ISA on Jan 21 this year at a house in Kampung Sungai Cincin, Batu 8-1/2, Jalan Gombak, Kuala Lumpur, for allegedly recruiting foreign residents and local nationals into an international militant group associated with the Al-Qaeda by way of interacting in small and secretive religious classes which emphasised violent crusade ( jihad ) with firearms targeting the interests of non-Muslims and were regarded as threatening and prejudicial to national security.

However, upon completion of the investigation on March 10, the seven foreigners were released and deported to their countries while Azzahari was restricted by virtue of an Order by the Home Affairs Minister under Section 8(5) of the ISA to the district of Petaling Jaya for two years.

Chief Justice Zaki Azmi, who led the three-man panel, ruled that the court could not hear the appeal as the law was quite well established by the decision of the apex court that habeas corpus was only available to a person who was being physically detained unlawfully and that he or she must be in actual custody. The other two judges were Federal Court judges James Foong and Abdull Hamid Embong.

He made the ruling after hearing submissions from lawyer Amer Hamzah Arshad, who represented the eight detainees, and Senior Federal Counsel Najib Zakaria, who acted for the Inspector-General of Police, the Home Affairs Minister and the government.

The High Court had, on March 11, dismissed their habeas corpus application and ruled that it had become academic as they were no longer in police custody.

Amer Hamzah said that by hearing the appeal, the court shall determine the issue of whether the eight were properly detained.

Chief Justice Zaki told Amer Hamzah that if he felt that his clients were wrongfully detained, he should file a suit.

- Bernama