No valid reason has been given for the detention of two Keadilan leaders under the Internal Security Act (ISA) and the court should inquire into this, defence lawyers for the two told the Shah Alam High Court today at their habeas corpus applications hearing.

"ASP Cheah Kee Seang of the Special Branch had given the order for an initial 28-day detention. Our point is, he should have been able to justify the detentions and why any investigation would take up to 28 days. What is the basis?" lead defence counsel R Sivarasa told judge Mohd Hishamudin Mohd Yunus.

(By procedure, Section 73(3) (a), (b) and (c) of the ISA allows a police inspector to lengthen a detention beyond 24 hours, an ASP (assistant superintendent), for more than 48 hours and a DSP (deputy superintendent), for more than 30 days up to a maximum of 60 days to conduct investigations.)

The families of Abdul Ghani Haroon and N Gobalakrishnan filed the habeas corpus applications two weeks ago, seeking their immediate release after they were detained on April 11 and 10, respectively, under the ISA, which allows for detention without trial.

Habeas corpus is a writ ordering prisoners to be brought before a court or a judge to ascertain whether their detention is lawful.

Sivarasa said that it was important for the police to provide evidence that they were genuinely conducting investigations.

"This is at the discretion of the police. They cannot extend the detentions without proper reasons yet they have based the lengthening of the detentions merely on the excuse of 'pending inquiries'. But the court should require some evidence," he said.

Legal counsel

Sivarasa added that it was critical for the court to treat the 'pending inquiries' reason during the detention with some circumspection.

"They should minimally provide some basic information about the time, date and scope of investigations being carried out so that the court could be shown that genuine investigations are being done.

"Otherwise, such a detention would constitute mala fide (bad faith) and this would show that the police have some ulterior motive behind the detentions. The detaining officers at any stage must have the belief for further detention and not rely solely on the beliefs expressed by the arresting officers," Sivarasa said.

Later, while winding up his submission, Sivarasa reminded the court that both Abdul Ghani and Gobalakrishnan have been detained for more than 40 days without access to lawyers and family members.

Justice Hishamudin then asked the prosecution's Senior Federal Counsel Abdul Rasid Sudin if Sivarasa's contention was true.

Rasid replied that he needed to consult with the police if such access to the two had been given.

Sivarasa also reminded the court that under Article 5(3) of the Federal Constitution, it was a constitutional right of individuals to have access to legal counsel.

"It is a clear violation of their basic and fundamental constitutional rights if they have been denied such access. We urge the court to hold the detentions as unlawful and we pray for an order of their immediate release," he said.

'Militant' attempt

Last Wednesday, the Federal Court struck down a decision by Justice Hishamudin ordering the police to produce Abdul Ghani and Gobalakrishnan in court for their habeas corpus applications hearing.

A total of 10 opposition leaders and reformasi activists have been detained since April 10 to preempt what Inspector-General of Police (IGP) Norian Mai described in a press conference as a "militant" attempt to overthrow the government with "bombs, grenade launchers, ball bearings, Molotov cocktails and other weapons".

The habeas corpus applications of Keadilan vice-president Tian Chua, party youth leader Mohd Ezam Mohd Nor, reformasi activist Saari Sungib, social activist-cum- malaysiakini columnist Hishamuddin Rais, and Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Kamaruddin were thrown out by the Kuala Lumpur High Court on April 25 when Justice Augustine Paul ruled that the High Court had no jurisdiction to hear the matter.

The habeas corpus applications for three other ISA detainees, Keadilan's Dr Badrul Amin Baharom and Lokman Noor Adam and human rights activist Badaruddin Ismail, have been filed in the Shah Alam High Court on May 4, but their lawyers have yet to receive a response from the court registrar's office.

The hearing continues tomorrow at 10am with the prosecution submitting.