Deputy Internal Security Minister Noh Omar has agreed to release two Simpang Renggam inmates due to procedural defects in their detention, said their lawyer M Manoharan today.

The lawyer said he was given an assurance that his clients Balakrishnan Appala Naidu and Michael Soosai would be freed following a meeting with the deputy minister.

"I am very positive, after my lengthy meeting with the deputy minister on Monday, that they will be freed as he gave me his assurance of it.

"He has requested for certain related documents before he orders their release," he added when contacted.

Both detainees were among the 256 Simpang Renggam inmates who launched an hunger strike to protest their continued incarceration and dire living conditions at the prison in Johor.

The duo, accused of being involved in gansterism and other vices, were arrested under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and sent to the prison on April 29.

The Emergency Ordinance allows the authorities to detain suspected criminals without trial for two years, after which the Internal Security Ministry can decide on an extension.

'Unlawful detentions'

Manoharan said after hearing their side of the story, the deputy minister had agreed in principle that the detentions were unlawful as remand orders were not issued upon their arrests.

The lawyer had earlier succeeded in his habeas corpus application for Soosai and the Johor Baru High Court subsequently ordered for his release on Oct 20. However, his client was rearrested by the district police as soon as he walked out of the prison gates.

"Both arrest orders - issued on the same grounds - were signed by Noh. He had only been told the police's version of the case," said Manoharan, who stressed that the deputy minister should keep his word.

Noh was unavailable for comment and is believed to be out of the country at present.

A habeas corpus application has also been filed for Balakrishnan - a former MIC branch chairperson - and is scheduled to be heard on Jan 13 next year.

(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)

Ends strike

Meanwhile, Balakrishnan finally ended his hunger strike today after hearing of the deputy minister's assurance. He was also visited by a four-member delegation from the Human Rights Commission of Malaysia (Suhakam) on Tuesday.

When contacted, his brother Thirumoorty said Balakrishnan had his first meal in15 days at 1pm after being visited by an Internal Security Ministry representative and Suhakam commissioner Siva Subramaniam at the Kluang Hospital in Johor today.

"Based on Suhakam's promises to take up my brother's case with the government and since his wish to meet with the Internal Security Ministry was fulfilled by the officer's visit, he decided to call off the strike," he added.

Yesterday, Suhakam officials disclosed that Balakrishnan was in weak physical condition and doctors had said his internal organs would have been damaged if the strike continued for more than two weeks.

His fellow inmates, who started the strike with him on Nov 11, ended it three days later.