Police granted interim stay from producing ISA two in court
updated version
A Federal Court judge today granted an interim stay to the police against producing two reformasi activists detained under the Internal Security Act (ISA) at the Shah Alam High Court for their habeas corpus applications.Justice Abdul Malek Ahmad allowed the stay until the matter is heard before a full Federal Court panel next Monday. A full panel will normally consist of three Federal Court judges. The matter was heard in chambers.
Earlier, the prosecution, led by senior deputy public prosecutor Abdul Ghani Patail, sought the stay to appeal against the Shah Alam court's decision last Friday which ordered the two detainees, Abdul Ghani Haroon and N Gobalakrishnan to be produced in court today.
Later, Justice Mohd Hishamudin Mohd Yunus of the Shah Alam High Court announced that the hearing of the two detainees will be postponed to May 15, the day after the Federal Court hears the matter.
Meanwhile, defence counsel R Sivarasa told reporters today that the stay was only a procedural matter.
Procedural matter
He said: "Procedurally this is no surprise because if there was a Federal Court sitting today then we would have heard it immediately and since there was no sitting today, a short interim stay was issued.
"However, the police are trying hard not to bring them to court. What does this really show?" asked Sivarasa.
Abdul Ghani and Gobalakrishnan's families filed the habeas corpus application seeking their immediate release after the pair were detained on April 11 and 10 respectively, under the ISA for allegedly planning to topple the government through militant means and mass street demonstrations.
Habeas corpus is a writ ordering prisoners to be brought before a court or a judge to ascertain whether their detention is lawful.
Families' presence
Families and supporters wearing anti-ISA badges had gathered outside the high court hoping to catch a glimpse of the detainees.
updated version
A Federal Court judge today granted an interim stay to the police against producing two reformasi activists detained under the Internal Security Act (ISA) at the Shah Alam High Court for their habeas corpus applications.Justice Abdul Malek Ahmad allowed the stay until the matter is heard before a full Federal Court panel next Monday. A full panel will normally consist of three Federal Court judges. The matter was heard in chambers.
Earlier, the prosecution, led by senior deputy public prosecutor Abdul Ghani Patail, sought the stay to appeal against the Shah Alam court's decision last Friday which ordered the two detainees, Abdul Ghani Haroon and N Gobalakrishnan to be produced in court today.
Later, Justice Mohd Hishamudin Mohd Yunus of the Shah Alam High Court announced that the hearing of the two detainees will be postponed to May 15, the day after the Federal Court hears the matter.
Meanwhile, defence counsel R Sivarasa told reporters today that the stay was only a procedural matter.
Procedural matter
He said: "Procedurally this is no surprise because if there was a Federal Court sitting today then we would have heard it immediately and since there was no sitting today, a short interim stay was issued.
"However, the police are trying hard not to bring them to court. What does this really show?" asked Sivarasa.
Abdul Ghani and Gobalakrishnan's families filed the habeas corpus application seeking their immediate release after the pair were detained on April 11 and 10 respectively, under the ISA for allegedly planning to topple the government through militant means and mass street demonstrations.
Habeas corpus is a writ ordering prisoners to be brought before a court or a judge to ascertain whether their detention is lawful.
Families' presence
Families and supporters wearing anti-ISA badges had gathered outside the high court hoping to catch a glimpse of the detainees.
Among those present were Gobalakrishnan's wife Vasanthi (pictured left), Abdul Ghani's wife Roslizah Syed, social activist Irene Fernandez, Bandar Klang state assembly representative Teng Chang Khim, former ISA detainee Dr Nasir Hashim and Bahirah Tajul Aris, wife of another ISA detainee, Mohamad Ezam Mohd Nor.
A tearful Vasanthi asked reporters for added publicity concerning her husband's detention.
Abdul Ghani and Gobalakrishnan were among the initial seven arrested under the ISA, the other five being Keadilan vice-president Tian Chua, party Youth leaders Mohamad Ezam Mohd Nor and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum- malaysiakini columnist Hishamuddin Rais.
Two other Keadilan leaders, Dr Badrul Amin Baharom and Lokman Noor Adam, were arrested on April 20 and 24 respectively while human rights activist Badaruddin Ismail was detained on April 25.
On April 25, the habeas corpus application of Tian Chua, Mohamad Ezam, Saari, Raja Petra and Hishamuddin was quashed by the Kuala Lumpur High Court with Justice Augustine Paul ruling that the court had no jurisdiction to hear the matter.


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