Muhammad Hilmi Hasim, who was arrested under the Security Offences (Special Measures) Act 2012 (Sosma) earlier this month, has filed for habeas corpus protection through his adoptive mother over his “unlawful arrest”.

In the habeas corpus application and affidavit filed today in the Kuala Lumpur High Court, Rahamah Abdul Majid, 58, claimed that Sosma is an unconstitutional law.

Rahamah described Hilmi's arrest as mala fide (having bad intention) and that it did not comply with provisions of Sosma because Hilmi was denied access to legal representation for 48 hours and was not told the reason for his arrest.

Hilmi, 33, is an employee of the canteen at the Kuala Lumpur High Court complex.

NONE In the affidavit, Rahamah claimed that Hilmi was not arrested for the purpose of investigation, but to be used by the authorities as a witness against Yazid Sufaat (right) .

Yazid, who is Hilmi's employer and an ex-Internal Security Act detainee, was detained on Feb 7 along with Hilmi and his friend, Halimah Hussein.

Yazid and Halimah were charged the next day with offences related to terrorism, while Hilmi has remained in detention up to now.

Rahamah said the investigation officer (IO) - one Inspector Azawan of Bukit Aman’s special task force (operations and counter-terrorism) - had allowed her to see Hilmi on Feb 15, after she agreed to be interviewed by the police.

"I feared that I would not be allowed to see Hilmi if I acted in a stubborn way. So I was forced to agree to the interview by Inspector Azawan without the presence of my lawyer. An officer who did not introduce himself also attended the interview," she said.

Rahamah said Azawan asked her to persuade Hilmi to become a police witness.

She said the IO informed her that Hilmi was involved in four counts of terrorism activities and could be jailed for up to 97 years and fined if found guilty.

Hearing within seven days

The IO further said the police had recorded the statements of three witnesses who claimed Hilmi was involved in activities to recruit members of the public for acts of terrorism, she alleged.

"I felt that I’ve been threatened and used by the police to persuade Hilmi to plead guilty and/or become a police witness in Yazid's case," Rahamah added.

NONE The  warden of the Jinjang Remand Centre and the inspector-general of police were named as respondents in the habeas corpus application.

Hilmi is represented by Fadiah Nadwa Fikri (right) , Wan Hidayati Nadirah, Farida Mohd and New Sin Yew.

Fadiah, who is linked to human rights NGO Suaram, said the court would have to fix a hearing date within seven days.

She said Hilmi was also challenging the legality of his arrest and detention, claiming that Section 4(5) of Sosma goes against Article 8 of the federal constitution (equal rights and protection under the law).

Fadiah claimed that Hilmi was also told not to appoint any lawyer associated with Suaram.