The Kuala Lumpur High Court has today dismissed a habeas corpus application by Saudi Arabian columnist Hamza Kashgari.

This comes after Justice Rohana Yusof allowed a preliminary objection raised by the government, and ruled the matter to be academic.

Today was initially fixed for a habeas corpus hearing following a discrepancy in the affidavit filed by the KL International Airport Immigration Department deputy director.

However, Justice Rohana called the parties into chambers to hear the government’s preliminary objection.

One of the lawyers representing Hamza, Fadiah Nadwa Fikri, said they would appeal the decision as they had earlier filed an application to quiz the immigration officer who allowed the deportation on Feb 12.

This was despite Justice Rohana herself having allowed the lawyers’ application for an interim injunction to stop the deportation.

“The judge did not consider our arguments and application, although there was a defect in the government’s affidavit over their claim that he was arrested prior to Feb 12 and was deported.

“We have evidence that Hamza was picked up just before he was to leave for New Zealand. She (the judge) did not uphold her constitutional duty to uphold justice.

“The Federal Court had ruled that despite a person having been released or deported, the matter is not academic as there are other reliefs that can be sought.

“Certainly, we feel that the High Court has abdicated its duty by dismissing our habeas corpus application,” Fadiah told Malaysiakini .

Hamza’s lawyers had filed the habeas corpus application against the inspector-general of police, Immigration Department director-general, the home minister and the government against the deportation.

The Saudi national was allegedly picked up in Malaysia on Feb 9 for committing blasphemy against Prophet Muhammad and Islam in his tweets .