The Federal Court will decide on Saturday on the legal sustainability of a High Court decision to release Malaysian Mujahidin Group (KMM) suspect Nasharuddin Nasir from Internal Security Act (ISA) detention.

Edmund Bon, one of Nasharuddin's lawyers, told malaysiakini that parties were informed of the date by the Federal Court registry this morning.

He said the matter was last heard on Jan 13, when both parties completed their arguments. The court had reserved judgment to a later date.

The appeal was presided by then Chief Justice Mohamed Dzaiddin Abdullah, Chief Judge of Sabah and Sarawak Steve Shim and Federal Court judge Siti Norma Yaakob.

The attorney-general is appealing against a decision by Shah Alam High Court judge Suriyadi Halim Omar who, on Nov 8 last year, allowed Nasharuddin's habeas corpus application and ordered his release.

Habeas corpus

is an application which enables detainees to challenge their arrest or detention order, including those made under the ISA which provides for detention without trial.

Possible release

The judge had held that there was no evidence to show that Nasharuddin, a businessman, was involved in any terrorist activities as alleged by the police when they arrested him with 13 others in April last year.

Suriyadi further found the two-year ISA detention order to be unlawful, as it flowed from the initial 60-day police detention which itself was declared unlawful.

However, the landmark decision failed to secure freedom for Nasharuddin who was re-arrested upon his 'release' at the Kamunting Detention Camp the next day.

Police whisked him away in an unmarked vehicle without allowing him to meet his lawyers and family members who were there with the court order. He was later returned to Kamunting.

Bon said there is a possibility that Nasharuddin would be freed from ISA detention in the event the court delivers a favourable decision.

"We will make the necessary applications seeking his immediate release if the court agrees with us that the High Court's decision was correct," he said.

Suspected of terrorism

On April 18, Inspector-General of Police Norian Mai told a media conference that police had arrested 14 people, including Nasaruddin, as they were believed to have planned to sabotage activities in Port Klang.

Others arrested included Sejahratul Dursina @ Chomel Mohammad, 37, wife of ISA detainee Yazid Sufaat ( photo ) who had himself been arrested on Dec 9, 2001 for alleged links with terrorists. Sejahratul has since been released.

The swoop on 'terrorist suspects' first began between May 29 and Nov 9 last year, rounding up 29 suspects in the process. The next exercise was held between Dec 9 and Jan 21 last year, which saw the arrest of 23 people.

The arrest of the Nasaruddin and 13 others was effected during the third phase, which police believe had crippled KMM. The organisation was said to have been led by Abu Bakar Bashir and Hambali @ Nurjaman @ Riduan Isamuddin.

Abu Bakar - named as the head of Jemaah Islamiyah - is currently being tried for treason in Jakarta, while Hambali has been in hiding since the Sept 11, 2001 attacks on New York and Washington.