The Shah Alam High Court today dismissed the habeas corpus applications of five Internal Security Act (ISA) detainees, including Nik Adi, the son of PAS spiritual leader Nik Aziz Nik Mat, on the grounds that their detention was procedurally proper.

Justice KN Segara ruled that the Internal Security Ministry had fully complied with the relevant laws in further detaining the suspected members of Kumpulan Mujihiddin Malaysia (KMM) and deemed that the extension to their detention orders was lawful.

"It is clear on the evidence before me and very obvious that the minister has complied with all procedural requirements for the extension order," he said after recoding submissions from deputy public prosecutor (DPP) Mohamad Hanafiah.

The application was made in April 22 originally by 13 detainees but five have since been released while three others withdrew their applications leaving lawyer Edmund Bon representing Nik Adli and four others today.

National security

Meanwhile, Segara said he dismissed the applications because he "could not see any grounds for the court to interfere" in the prolonged detention of the men accused of procuring firearms from Thailand, being involved in the slaying of politician Dr Joe Fernandez, ordering the killing of Muslim apostates and possessing explosive substance.

Earlier, Mohamad Hanafiah and prosecutors Abdul Wahab Mohamed and Sharlyza Alias told the court that the two-year extension order was not made in bad faith.

"There was no fresh or new grounds made by the prime minister to extend their arrest under the ISA as he clearly stated in an affidavit that just like the original grounds for their arrest, he ordered the extension to ensure national security," said the DPP.

The premier, who is also internal security minister, was named as the second respondent to the applications made via Bon, who was assisted by Muhammad Faiz Fadzil.

The two lawyers had continued their submissions last Saturday after an extension order against the five was signed in September 2003.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain if there are any procedural defects which could render their detention unlawful.

'New' order

Last week, Bon submitted to the judge that since there was a 'new' detention order against the five, there should be room for the courts to deliberate and rule on its legality.

However, this morning, the DPP said the premier was satisfied with intelligence reports on the detainees and extended their detention to prevent them for carrying out activities that were prejudicial to the nation's security.

"The minister has sole authority to judge what constitutes to matters of national security and not the courts," said Mohammad Hanafiah citing cases which were 'settled' based on the minister's satisfaction and that it could not be questioned.

The 13 were among a group of ISA detainees who went on a 19-day hunger strike in March to protest their continued detention under the security law.

The strike was called off after Home Ministry officials, who met the detainees at the Kamunting detention camp, promised to review their case and produce a 'favourable' report.

However the detainees claimed that the authorities had failed to keep their end of a bargain and filed this habeas corpus application as a result.

The ISA, originally introduced to fight the communist insurgency, allows for detention without trial for an initial period of 60 days with extensions of two years based on the government's discretion.