Allegations made by non-governmental organisations (NGOs) that past Internal Security Act (ISA) detainees were physical and mentally tortured is merely hearsay and should not be admitted as evidence to produce ISA detainees in court, the Shah Alam High Court was told today.

"Its hearsay and cannot be used as a reason to bring detainees to court. Under the Evidence Act, information about injuries, physical and mental, of detainees as stated in their report cannot be used in a court of law," said senior federal counsel Rasid Sudin at a habeas corpus application hearing of two Keadilan Youth leaders.

The application was filed on behalf of Abdul Ghani Haroon and N Gobalakrishnan by their lawyers at the Shah Alam High Court last week. The duo were among nine reformasi activists arrested by police over the past two weeks for allegedly planning to overthrow the government by violence.

Rasid was submitting on whether the two Keadilan leaders detained under the Internal Security Act (ISA) two weeks ago, should be present in court when their habeas corpus applications are heard.

Yesterday, lead defense counsel R Sivarasa had submitted to the court documentation compiled by NGOs Suaram and Amnesty International on physical and mental abuses suffered by previous ISA detainees.

Rasid told Justice Mohd Hishamuddin Mohd Yunus that a Special Branch officer, ASP S Phillips, had already written a letter to the detainees' families and lawyers informing them that the two detainees were in good health.

The letter also said that allowing them visits would compromise police investigations, Rasid added.

Blanket statements

Earlier, Sivarasa had submitted that the police could not make "blanket statements" and must substantiate the cause as to why visits are disallowed.

"The police cannot just say in an affidavit or a letter that access is denied. The onus is on them to prove to the court's satisfaction the reasons why visits are not allowed," Sivarasa said.

The denial of the visits is also an infringement of an individual's right of access to legal counsel as enshrined in Article 5(3) of the Federal Constitution, he added.

"The facts of this case show that the police have no reason to deny access. The police have simply not provided any substantial grounds," said Sivarasa.

Abdul Ghani and Gobalakrishnan are also represented by Kamarul Hisham Kamaruddin, P Kandasamy, Hamidzun Khairuddin and Saiful Idzam Ramli. The hearing continues tomorrow.

Abdul Ghani was arrested in Kuching whereas Gobalakrishnan was detained in Langkawi.

The other seven are Keadilan leaders Tian Chua and Dr Badrul Amin, party Youth leaders Mohamad Ezam Mohd Nor, Lokman Adam, and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist cum malaysiakini columnist Hishamuddin Rais.

This morning, the Kuala Lumpur High Court quashed the habeas corpus application by five of these detainees on the grounds that the court had no jurisdiction to hear the matter as the arrests and detention of the five were done in accordance with powers vested in the police through the ISA.