updated version

A five-member Federal Court today fixed three days from July 9 to hear appeals by five Internal Security Act (ISA) detainees against their detentions.

The court, chaired by Chief Justice Mohamed Dzaiddin Abdullah, announced that the matter was set to be heard in July because it was not urgent.

The justices were of the opinion as four have been sent to Kamunting, Perak, to serve a two-year detention by the orders of the home affairs minister last Saturday.

The fifth applicant has been released by the police unconditionally the same day.

An application by senior deputy public prosecutor Abdul Gani Patail for the appeals to be discontinued as the outcome would be merely 'academic' was rejected by the court.

"I say this firstly because Raja Petra Kamaruddin (the fifth applicant) is no longer restrained of his liberty as he was released last Saturday. Since he has been released, the appeal before the court has no living issues and is purely academic," said Abdul Gani.

"Secondly the four remaining detainees, namely Chua Tian Chang (Tian Chua), Mohd Ezam Mohd Nor, Saari Sungib and Hishamuddin Rais are now under detention," he added.

This four, along with Raja Petra, are appealing against a decision by Kuala Lumpur High Court judge Augustine Paul who on April 25 dismissed their habeas corpus applications on the grounds that the court had no jurisdiction to hear the matter.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain whether their detention is lawful. It is often applied for by lawyers for those held under the ISA which allows detention without trial for a minimum of two years following an initial 60-day investigative period.

File fresh applications

Abdul Gani added that the "proper cause of action now for the remaining detainees is to file habeas corpus applications against the home minister" who ordered the two-year detention.

"The habeas corpus applications were filed while they were still under police custody therefore the respondent then was Inspector-General of Police Norian Mai and not the home minister," Abdul Gani added.

The court however unanimously ruled that the matter was still a live issue and should be heard, and dismissed the prosecution's application.

Leading defence counsel, Sulaiman Abdullah earlier urged the court to expedite the hearing of the appeal as it dealt with many live issues which should not be ignored by the Federal Court.

"The appellants are faced with a High Court decision order saying that their detentions were lawful. I also wish to bring to the court that sections 73 and 8 of the ISA are also inextricably linked, raising the live issues.

"Part of my arguments would also touch on whether the ISA is applicable any more," he said.

These sections give powers to the police and the home affairs minister to detain people under the ISA.

The defence also comprised R Sivarasa, Malik Imtiaz Sarwar and Christopher Leong. The prosecution comprised Azahar Mohamed and two other deputy public prosecutors.

Apart from Dzaidddin, the other judges on the panel were Chief Judge of the High Court of Malaya Wan Adnan Ismail, Chief Judge of Sabah and Sarawak Steve Shim Lip Kiong, and Federal Court justices Siti Norma Yaakob and Abdul Malek Ahmad.

Militant means

The five were among 10 reformasi activists arrested by the police beginning April 10 to preempt what Norian had described in a press conference as an attempt to overthrow the government through militant means.

Two other detainees, Keadilan leaders N Gobalakrishan and Abdul Ghani Haroon, were released by Shah Alam High Court judge Mohd Hishamudin Mohd Yunus last Wednesday in a landmark decision.

Human rights activist Badaruddin Ismail was released unconditionally yesterday while Keadilan leader Dr Badrul Amin Baharom and Keadilan Youth leader Lokman Noor Adam will have their habeas corpus applications heard before the Shah Alam High Court next Monday.