Kuala Lumpur High Court will decide on Nov 25 whether or not to strike out Raja Petra Kamaruddin’s habeas corpus application for his arrest under Section 73(1) of the Internal Security Act (ISA).

Justice Suraya Othman said this today after hearing lengthy submissions from Raja Petra’s counsel Ashok Kandiah and Home Ministry counsel Abd Wahab Mohammed.

raja petra to police station on burma doctor sd 040908 03 On Oct 23, the Home Ministry had submitted preliminary objections, claiming that the High Court has no jurisdiction to hear the case as Section 8 had already been applied to Raja Petra (right) .

He was arrested under Section 73(1) of the ISA on Sept 12 which allows the police to detain an individual for a maximum of 60 days on grounds of national security.

Home Minister Syed Hamid Albar then signed a two-year detention order on Oct 23 under Section 8 of the ISA. Raja Petra was sent to the Kamunting detention camp the day before his habeas corpus application was set to be heard.

This morning, Ashok told the court that both Section 73(1) and Section 8 are separate matters and that the court could still rule on whether Raja Petra’s detention under Section 73 is lawful.

Abd Wahab, however, argued that the application has been overtaken by events and rendered academic, and that it should therefore be struck out.

Declaration sought

Ramdas Tikamdas, who was holding a watching brief for the Human Rights Society (Hakam), was allowed to address the court.

He said the court must decide whether Raja Petra’s detention under Section 73(1) was lawful.

internal security act section 73 subsection 1 isa 120908 If the law is interpreted in such a manner where Section 73(1) cannot be reviewed after Section 8 is invoked, it would set a dangerous precedent that would give the police unbridled powers of arrest, he noted.

“This (Home Ministry’s preliminary objection) is a submission to request for immunity against the abuse of power,” said Ramdas.

Speaking to reporters outside the courtroom, Ashok said his client’s intention is to challenge the use of Section 73(1) by the police because he believes this was done in bad faith in his case.

“We want a pronouncement on the validity of the detention by the police under Section 73(1), especially given that we contend that the detention itself was made with the collateral purpose and ulterior motive to silence our client when he was not a genuine national security threat,” he said.

On Nov 7, the Shah Alam High Court will decide on a separate habeas corpus application in relation to Raja Petra’s detention under Section 8 of the ISA.