The Federal Court today allowed an application for leave (permission) by the government to question the quantum to be awarded to five Internal Security Act detainees who were detained during the 'reformasi' days in 2001.

The quantum to be awarded to the five - Batu MP Chua Tian Chang, Hulu Kelang assemblyperson Saari Sungib, activist, Hishamuddin Rais, former PKR central committee member Badrul Amin Baharom and Badaruddin Ismail - totalled about RM4.5 million.

The question allowed was whether the principle adopted in the assessment of damages should be on a fixed per-day basis or a declining per-day basis.

However, the apex court rejected a question posed by the government on whether former inspector-general of police Norian Mai's ( photo ) statement on the five was malicious or otherwise.

They were labelled by the top cop as 'terrorists' in 2001 for allegedly possessing rocket launchers.

The unanimous decision was made by a three-member bench led by chief judge of Sabah and Sarawak, Justice Richard Malanjum.

The other two were Federal Court judges Suriyadi Halim Omar and Ramly Ali.

Originally, according to lawyer Razlan Hadri Zulkifli, four questions were applied by the government led by senior federal counsel Kamal Azira Hassan but only one regarding the quantum was allowed.

Besides Razlan, lawyer Ranjit Singh also appeared for the five.

Unlawful detention

The five had filed a suit in 2004 for unlawful detention naming Norian, home minister and then deputy prime minister Abdullah Ahmad Badawi and government as respondents.

The Kuala Lumpur High Court in 2012 ruled the detention as unlawful and ordered the assessment of damages to be RM15,000 per day.

However, the Court of Appeal which upheld the High Court decision, ruled to lower the amount to RM10,000 per day.

In ruling their detention unlawful, KL High Court Justice Lau Bee Lan added Norian was liable for defamation for issuing a press statement describing the detainees as terrorists.

Razlan ( photo ) said for the first time, the court held that the statement by then IGP Norian was malicious. "This has never been done before," he noted.

The writ was first filed in 2004 with eight plaintiffs, including current BN senator Mohd Ezam Md Noor, former PKR MP S Gobalakrishnan and anti-Pakatan Rakyat NGO Reject Individual Named Anwar Ibrahim (Tibai) spiritual council member Abdul Ghani Haron, but they chose to withdraw from the suit.

Justice Lau, in her decision, said the five were shamed, made to change their clothing in front of police personnel, made to walk barefoot into a filthy toilet, interrogated for hours on end and for the first few days of detention, the Muslims among them were not allowed to perform their prayers.

All of them were held under ISA between 41 and 54 days without trial.

It was reported that all five were each awarded exemplary damages of RM30,000 and four of the five - excluding Badaruddin - were awarded RM25,000 each as damages for the defamation they suffered.