The Federal Court today upheld a lower court's decision in dismissing the habeas corpus applications of five Internal Security Act (ISA) detainees, including Nik Adli, the son of PAS spiritual leader Nik Aziz Nik Mat.

The three-man bench of Justices Pajan Singh Gill, Alaudddin Mohd Sheriff and S Augustine Paul dismissed the appeal by the five after considering submissions by their lawyers this morning, according to counsel Edmund Bon when contacted later.

Nik Adli and four others - Alias Ngah, Mohd Lotfi Ariffin, Solehan Abdul Ghafar and Zainon Ismail - were first arrested in 2001 over their alleged involvement in the Kumpulan Militant Malaysia (KMM). Their detentions were extended for another two years in September 2003.

With the land's highest court decision today, the five will have to wait until September to ascertain whether they will be feed when their second detention orders expire.

Their habeas corpus was filed against their second detention orders, which were signed by the Internal Security Minister Abdullah Ahmad Badawi (known as Home Minister then), who is also the prime minister.

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.

Different boards contention

In his submission, Bon said he argued among others, that Abdullah - in signing the extended ISA detention orders - had referred to the report and recommendations made by an 'ISA Assessment Board' (one set up by Abdullah) instead of the mandatory body, the ISA Advisory Board.

Bon also said there was 'contradiction and doubts' between the detention orders and Abdullah's affidavit. According to him, Abdullah had stated in his affidavit that while domestic investigation into KMM had ended, the government was still probing the five's alleged links with the international terror group, al-Qaeda.

The defence team contended that the ISA could not be invoked for the purpose of investigation.

At today's submissions, Bon was assisted by Amer Hamzah Arshad and Muhammad Faiz Fadzil while Mohamad Hanafiah represented the Attorney-General.

On Sept 1 last year, the Shah Alam High Court had turned down the habeas corpus applications of the five on the grounds that their detention was 'procedurally proper'.

The applications, first made in April last year originally involved 13 detainees but five have since been released while another three withdrew their applications.

Authorities renege claim

The group had previously went on a 19-day hunger strike at the detention centre in Kamunting where they were held to protest their continued detention under the ISA.

The strike was later called off after the authorities at the detention centre promised to review their case and produce a 'favourable' report. However the detainees claimed that the authorities had failed to keep their end of a bargain which resulted in the habeas corpus applications being filed .

The ISA, originally drafted to battle the communist insurgency, has earned notoriety as a tool to crackdown on opposition leaders and activists.

Detainees are held for a period of two years which, upon expiry, can be extended by the internal security minister.