Lawyers representing five students alleged to be members of Jemaah Islamiah (JI) withdrew their habeas corpus applications at the Kuala Lumpur High Court today which originally sought to secure their release from Internal Security Act (ISA) detention.

One of the lawyers, Edmund Bon, told the court that the move was in view of recent developments which have made the applications obsolete.

"We would like to withdraw all five applications because matters have been made academic by intervening events. All applicants have been released from police detention and put under restriction and detention orders so the hearing has been subverted," he told Justice Abdul Kadir Musa.

Of the five applicants, Bon said three were released on Wednesday by the police and placed under two-year restriction orders which in effect limits their movements within the district of their homes.

The remaining two students - Mohd Radzi Abdul Razak, 18, and Mohamad Akil Abdul Raof, 21 - were issued with two year detention orders under Section 8 of the ISA and transferred to the Kamunting Detention Camp in Perak.

Speaking to reporters after the hearing, Bon said fresh applications are likely to be made by the students to seek their release from detention.

"We take instructions from the family members and most probably, we will re-file the applications after we meet with the students at Kamunting," he added.

Unnecessary legal action

Earlier, the lawyer had requested for the court to proceed with the hearing even though the detention circumstances of the five had changed.

He said a decision would be relevant for future habeas corpus applications by the students still under detention, applications against the restriction orders of those released on Wednesday, as well as for possible civil suits by released students for wrongful imprisonment.

However, justice Abdul Kadir said that the legal applications were made to secure the students' release from police detention and it was unnecessary to go further into the hearing as the students were no longer in police custody.

"If we get the part of what we want, what does it matter? Why do we want to go into who is right or wrong? Why go for a civil suit? The idea is to have the students released from detention and not for money. And now, they have already been released," he said, referring to the three youths who have been placed under restriction orders.

The judge accepted the withdrawal of the applications and adjourned hearing.

Distraught mother

When met outside the courtroom, mother of Mohd Radzi, Rohaimah Salleh, said she will continue to pursue legal avenues to free both her son and her husband Abdul Razak, who is also under ISA detention on terror-related charges.

"What can I do? I will speak to my husband when I see him on Saturday but I am strong and I will continue," she said, adding that she had visited her son three times while he was under police custody.

The habeas corpus applications of Abdul Razak and seven other alleged JI detainees is scheduled to be heard next week.

Also present for the hearing were the parents of Mohamad Akil who had come from Baling, Kedah.

The students are among a group of 13 youths who were studying in the Pakistani city of Karachi when they were arrested by authorities there on suspicions that they may have been involved in militant activities and fraternised with the brother of top JI leader Hambali.

The students, dubbed the 'Karachi 13' were later released and deported to Malaysia on Nov 11 where they were arrested under the ISA.

To date, eight students have been released in two stages, leaving five more in custody of the authorities under two-year ISA detention orders.

Not all students have opted to pursue legal action to seek their release.