The Federal Court is expected to hear a review tomorrow of the habeas corpus application of five Hindu Rights Action Force (Hindraf) leaders currently under ISA detention. Their earlier application at the apex court had been dismissed.

Also scheduled for tomorrow is the Home Ministry's appeal against the release of popular blogger Raja Petra Kamarudin, following his successful habeas corpus application at the Shah Alam High Court on November 7.

On May 14, Chief Judge of Malaya Alauddin Mohd Sheriff (now Court of Appeal president) who was leading a three-member panel, dismissed the Hindraf leaders' appeal. The dismissal came after it was ruled that Prime Minister Abdullah Ahmad Badawi, who was also the Internal Security Minister then, had lawfully executed the order for their detention.

The panel also agreed with the findings of Kuala Lumpur High Court judicial commissioner Zainal Aznam Abdul Aziz who held that the minister could order a person to be detained under section 8 of the ISA on 26 last year.

However, no written judgements were provided by the panel, which also included Justices Ariffin Zakaria and Hashim Yusof.

Following the apex court decision, their counsel Karpal Singh, filed an application for a review.

hindraff isa detainees 141207 The five are P Uthayakumar, 47, V Ganabatirau, 35, R Kenghadharan, 41, T Vasantha Kumar, 35, and 47-year-old M. Manoharan.

They were detained under Section 8(1) ISA on Dec 13 2007 under Abdullah's orders.

They were immediately sent to face a two-year detention at the Kamunting detention centre without first having to undergo a 60-day investigative period.

The five rose to fame after organising an illegal assembly on Nov 25 which drew 30,000 ethnic Indians out of their homes to protest on the streets against unfair treatment and marginalisation.

All five had also filed a separate habeas corpus application at the Perak High Court but this was also dismissed on Sept 8, 2008. An appeal to the application has yet to be heard at the Federal Court.

Manoharan, who is also a lawyer had filed a separate habeas corpus application at the Kuala Lumpur High Court but this was also dismissed. His appeal to this case will be heard tomorrow.

'Proper procedures not followed'

raja petra kamaruddin rpk session court kl 241108 02 Meanwhile, the apex court will also hear the Home Ministry's application to appeal against Raja Petra's release when the Shah Alam High Court ruled that his ISA detention was unlawful and unconstitutional.

High Court judge Syed Ahmad Helmy Syed Ahmad in his Nov 7 decision said the Home Minister had not followed the proper procedures under Section 8 of the Internal Security Act.

Syed Ahmad said there was procedural non-compliance and the minister had acted ultra vires (beyond his powers) in issuing the detention order.

"A minister cannot issue an order out of bad faith," said the High Court judge.

Raja Petra was released after 56 days under ISA detention .

The popular blogger, who is also editor of the Malaysia Today website, is also presently facing a sedition, defamation and several civil suits.