The police appeal last May against the release of two former Internal Security Act (ISA) detainees, Abdul Ghani Haroon and N Gobalakrishnan, is set to be heard on the 20th of this month.

Lead defence counsel for the two, R Sivarasa confirmed this to malaysiakini today, adding that the defence team may comprise former Bar Council president Sulaiman Abdullah, Malik Imtiaz Sarwar and Chris Leong.

The applicant is Inspector-General of Police Norian Mai.

"We will be meeting soon to discuss the case," said Sivarasa, who was told of the date a few days ago.

Gobalakrishnan and Abdul Ghani, both leaders of the opposition party Keadilan, were arrested under the ISA on April 11 and released on May 30 when Shah Alam High Court judge Hishamuddin Mohd Yunus ordered for their release after hearing both their habeas corpus suits.

Habeas corpus is a legal writ that allows the release of individuals under detention if it can be proven that the detentions were done mala fide (in bad faith).

Abdul Ghani and Gobalakrishnan were among eight other Keadilan leaders and activists who were arrested under the draconian act for allegedly being involved in a "militant attempt to overthrow the government".

Two more were released unconditionally by the police while Keadilan vice-president Tian Chua, party youth chief Mohd Ezam Mohd Noor, party leaders Saari Sungib, Lokman Nor Adam, Dr Badrul Amin Bahron and activist-cum- malaysiakini columnist Hishamuddin Rais have been sent to the Kamunting Detention Centre under a two-year detention order approved by Home Minister, Abdullah Ahmad Badawi on June 3.

'Vague affidavits'

Many human rights group lauded Justice Hishamuddin's ruling that the detention of Abdul Ghani and Gobalakrishan was unlawful. They said his judgment has paved the way for a truly independent judiciary.

In his judgment, Hishamuddin declared that the police did not offer justifiable reasons for the arrest of the two.

"The affidavits by the respondents (police) are vague in nature and inadequate. The grounds for arrest must be clearly stated in the affidavit and it cannot simply parrot the provisions in the Constitution. There must be some reasonable amount of particulars (on the grounds of arrest) to be fair to the detainee who believes he is innocent," he said.

Hishamudin also stated that the detention was done in bad faith as the police did not allow the detainees access to their families and legal counsel for 40 days.

"Not allowing access to one another is cruel, inhuman and oppressive, not only to the detainees but also to their family members," said Hishamudin.

Manhandled

On June 13, Gobalakrishnan told malaysiakini that he had been manhandled during an interrogation session with the police.

"One day they sent a huge Indian policeman who was very intimidating. He pushed me off my chair and held me against the wall and said, 'I have interrogated the Tamil Tigers, and you are nobody'."

On May 24, four Human Rights Commission (Suhakam) officers - Anuar Zainal Abidin, Mehrun Siraj, Dr Mohammad Hirman Ritom Abdullah and Prof Hamdan Adnan - met with the 10 ISA detainees separately, six weeks after their request to the police to do so.

However, Suhakam did not name any of the detainees in its press statement which was released after the three-hour meeting. Gobalakrishnan said he was the detainee whom Suhakam said had been pushed off his chair.