The appeals by five Internal Security Act (ISA) detainees against their detention which was scheduled to be heard by the Federal Court today, has been postponed to tomorrow morning.

The Attorney-General's chambers applied for the postponement last week as the deputy public prosecutors involved in the hearing had sittings in other matters today.

The appeal is against a decision by Kuala Lumpur High Court judge Augustine Paul who on April 25 dismissed 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.

Four of the five applicants, namely Chua Tian Chang (Tian Chua), Mohd Ezam Mohd Nor, Saari Sungib and Hishamuddin Rais are currently serving a two-year detention period by the orders of the home affairs minister at Kamunting, Perak.

The fifth applicant, Raja Petra Kamaruddin, was released by the police unconditionally on the same day of his arrest.

Still a live issue

The five were among 10 reformasi activists arrested by the police from April 10 to pre-empt what Inspector-General of Police,Tan Sri Norian Mai had described as an attempt to overthrow the government through militant means.

On June 6, Chief Justice Mohamed Dzaiddin Abdullah who headed a five-member panel, rejected an application by senior deputy public prosecutor Abdul Gani Patail for the appeals to be discontinued as the outcome would be merely 'academic'.

The court decided unanimously that the matter was still a live issue and should be heard.

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.