updated version

The Federal Court will decide on Wednesday if two Keadilan leaders detained under the Internal Security Act (ISA) should be produced in the Shah Alam High Court for their habeas corpus applications.

The three-member panel of the court today heard submissions on an appeal made by the prosecution against a Shah Alam High Court ruling on May 4, ordering N Gobalakrishnan and Abdul Ghani Haroon to be produced in court for their habeas corpus application hearings. The court then fixed Wednesday for its decision.

Earlier, senior deputy public prosecutor Abdul Gani Patail submitted that it was not necessary for both applicants to appear, adding that the two should only appear in court if the High Court judge Mohd Hishamudin Mohd Yunus deemed their detention illegal.

On May 4, Hishamudin ordered the two to be produced before the court stating that the individuals cannot fully exercise their rights under the Article if they are not even allowed to attend their habeas corpus applications or are prevented from attending them

Valid law

According to Abdul Gani today, "The ISA is a valid law under the Federal Constitution and Section 73 of the ISA provides for detention for investigative purposes.

"In other words, if a detainee is made to appear in court from nine to five, it would interfere with the investigations, therefore creating more injustice for the detainee. The detainees also have several counsels so there are no solid grounds whereby their presence is needed."

After a short break, lead defence counsel Sulaiman Abdullah stated that it was wrong for the authorities to deny Abdul Ghani and Gobalakrishnan access to counsel.

"The counsel would be of no use if he is not allowed to meet with the client. The counsel is only as good as the advice given by him.

"The court must be very careful to accept the words of the detaining authority. It is also a constitutional right to come to court and how else can they testify if they are not brought to court?" he questioned.

Last reserve

He also reminded the Federal Court that ultimately it was the sole responsibility of the three-man bench to uphold the Federal Constitution.

"You are the last reserve of liberty and democracy in this country. I think the time has come for the courts to reassert themselves and thus interpret the Constitution liberally," he added.

Talking to reporters later, Sulaiman said: "They (the Federal Court judges) can live up to the Constitution and I think they will."

On April 18, Abdul Ghani and Gobalakrishnan's families filed the applications 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.

Interim stay

Federal Court judge Abdul Malek Ahmad on May 8, granted an interim stay to the police against producing the two in the Shah Alam High Court until the matter was heard before a full Federal Court panel.

The Federal Court reserved their decision today after hearing submissions from senior deputy public prosecutor Abdul Gani and defence counsel Sulaiman.

On April 25, the Kuala Lumpur High Court quashed the habeas corpus application by five other ISA detainees with Justice Augustine Paul ruling that the court had no jurisdiction to hear the matter as the arrests and the detention of the five were done in accordance with powers vested in the police through the ISA.

The five were, Keadilan vice-president Tian Chua, 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.