The High Court in Kuala Lumpur will next Tuesday hear Bersih chairperson Maria Chin Abdullah's habeas corpus application to challenge her detention under the Security Offences (Special Measures) Act 2012.

Judicial Commissioner Nordin Hassan fixed the date in chambers today after he disallowed a request by Supt Tham Lai Kuan, inspector-general of police, the home minister and government to be given seven days to reply to the affidavit filed by Maria's son Azumin Mohamad Yunus.

According to Maria's lead counsel Gurdial Singh Nijar, the respondents have already made statements on the reasons for the purported detention and there was no need for seven more days.

"Hence the judicial commissioner fixed Monday for them to reply and Tuesday afternoon for the hearing," he said, adding that habeas corpus application should be a matter of urgency as the authorities cannot use the reason of filing an affidavit to prolong her detention.

Gurdial also informed reporters that they have made an application for Maria to be present on Tuesday to facilitate the giving of her instructions.

However, Nordin told the parties that it is not normal practice in his court for the applicant to be present.

Gurdial said he provided a case law on the issue, to show that the applicant can be present and should be present, for the judicial commissioner's consideration.

He added that the court should allow Maria to be present as she is not a threat to anyone and was investigated in the past.

Senior federal counsel Mohamad Al-Saifi Hashim appeared for the respondents.

Detention punitive

Meanwhile, lawyer Ambiga Sreenavasan told reporters that while inspector-general of police Khalid Abu Bakar had said they were applying the lock-up rules on Maria, it appears not to be the case.

“Under (police) lock-up rules, a person should not be placed under solitary confinement. She has not been officially charged and should not be subjected to such treatment.

“We will ask the IGP and his underlings (subordinates) to follow the lock-up rules and not subject Maria to punitive detention,” said the former Bersih chairperson.

Ambiga said they will also make an application so that Maria can be provided with mattress, pillow and blanket.

Maria's children had before this complained that she was detained under deplorable conditions and placed in solitary confinement and slept on wooden planks.

Bar Council vice-chairperson George Varghese who was present also pointed out that solitary confinement was against the lock-up rules.

He said the council will consider applying to become an amicus curiae (friend of the court) so that it can make a submission on the issue.

Calling it a public interest issue, Bar Council's human rights committee co-chairperson Andrew Khoo said: “We are concerned that she was put in solitary confinement. It breaches Malaysia's commitment to international level regarding detention issues and the minimum standard imposed on detention,” he said.