Former air force sergeant T Tharmendran's habeas corpus application will now be heard in the High Court in Kuala Lumpur on Jan 4.

NONE Tharmendran's ( left ) lawyer N Surendran ( right ) said he had filed a supporting affidavit signed by him.

The date has been fixed to ensure ample time for the Defence Ministry to reply to the affidavit. Following this development, Surendran said he has to stand down as counsel as he could be called as a witness to the case.

The hearing had originally been fixed for today.

Surendran had witnessed Royal Malaysian Air Force personnel arresting Tharmendran on Nov 25.

He said Amer Hamzah Arshad has now been appointed counsel for Tharmendran.

Tharmendran in his application named arresting officer Lt-Col Mohd Razif Ramli, the commandant of the Batu cantonment where he is currently detained, RMAF chief General Rodzali Daud and the defence minister as respondents.

In his affidavit, Tharmendran said his re-arrest by a RMAF provost marshal at the Shah Alam court complex last month was "without basis, wrong, invalid and mala fide (in bad faith)".

On these grounds, Tharmendran sought his release and other orders deemed fit by the court.