Deputy Prime Minister Ahmad Zahid Hamidi, inspector-general of police Khalid Abu Bakar and attorney-general Mohamed Apandi Ali must apologise to Umno man Khairuddin Abu Hassan and Matthias Chang, their lawyer Hanif Khatri Abdullah says.

Hanif is representing Khairuddin, the former Batu Kawan Umno division vice-chief who together with Chang, a lawyer and former aide of ex-prime minister Dr Mahathir Mohamad, who had been detained under a security law.

According to Hanif, tendering an apology is the right thing since the High Court in Kuala Lumpur has ruled that the charge against Khairuddin and Chang, under Section 124L of the Penal Code, does not fall under the Security Offences (Special Measures) Act 2012 (Sosma).

"The IGP called them terrorists and the DPM said the use of Sosma on the two was right.

"Apandi had, during case management, had said in a press conference held at his office that the use of Sosma for Section 124L is justified," Hanif ( photo ) added.

Yesterday, Justice Mohd Azman Hussin said the charge of alleged sabotage of financial services does not fall under Sosma as it is not categorically stated in Article 149(1) of the Federal Constitution, under which Sosma was formulated.

The judge also allowed Khairuddin, a former Umno Batu Kawan division vice-chief, and Chang to be released on bail of RM10,000 each and ordered that they surrender their passports.

Hanif described yesterday's judgment as a landmark decision as it showed when the authorities could use Sosma.

“It is also a slap on (Prime Minister) Najib Abdul Razak as the court has shown that this is not a provision to be used under Sosma. We hope the agencies and the attorney-general will now know when and how to use it to avoid injustice,” Hanif said.

Asked whether his clients were considering filing a suit for unlawful detention, the lawyer said they have not decided on the matter as the prosecution can still appeal the High Court decision.

The important thing was to secure the release of Khairuddin and Chang and this had been achieved yesterday, Hanif said. Chang was also represented by Zainur Zakaria.