The High Court in Kuala Lumpur today adjourned to Dec 6 the habeas corpus hearing of K Selvach Santhiran, a witness who implicated police in the R Gunasegaran death-in-custody inquest.

This is to allow federal counsel Zafran Zafri Mohd Zaini, representing the respondents the Home Minister and inspector-general of police, the opportunity to respond, as it has not yet been 14 days since his party received the sealed application.

He submitted that the sealed application was sent to the Attorney-General's Chambers on Nov 23 and that this was extended to his party on Nov 26.

NONE Judge Su Geok Yian dismissed the argument of Selvach's counsel, Fadiah Nadwa Fikri ( right in photo ), that the matter was urgent, and said that by law, the respondents have 14 days to respond.

Zafran Zafri told the court that he would be filing an application this evening to seek the postponement of the habeas corpus hearing.

Earlier, he submitted that the application was sent to the wrong party as such matters were dealt with by a senior federal counsel and not by the attorney-general.

However, Fadiah pointed out that all applications should be submitted to to the AG's Chambers, as provided for under Section 26 of the Government Proceedings Act 1956.

Arrested in a violent manner

Speaking to reporters later, Fadiah expressed disappointment over the adjournment, particularly because her client was arrested in a violent manner and had been detained for over 30 days.

"The Attorney-General's Chambers acknowledged our application and the federal counsel knows about it, but did not even write a letter to us to say that they would seek an extension.

"We were only approached by the federal counsel prior to this morning's proceedings. They should have come prepared. This involves a person's liberty," she said.

She added that the unsealed application was submitted in court as early as Nov 10.

Selvach, 38, was detained on Oct 25, hours after an open verdict was delivered in the inquest into the death of Gunasegaran in police custody July 18, 2009.

At the inquest, Selvach testified that he had seen a police officer assault Gunasegaran.

NONE He has been detained under the Dangerous Drugs (Special Preventive Measures) Act 1985, which allows detention without trial for up to two years, pending instructions from the Home Minister.

His wife, S Saraswathy ( left ), had said that plainclothes police officers forced their way into their home and assaulted Selvach in front of her and their children before arresting him.

She said today that she was allowed to visit her husband at the Bukit Jalil remand centre last week.

"He said that he was assaulted after he was arrested, but not any more," added the mother of four.