Court nixes Hindraf bid for release

KUALA LUMPUR: Five Hindu Rights Action Force (Hindraf) leaders detained under the Internal Security Act (ISA) failed in their bid to get a court order for their release under the habeas corpus (wrongful detention) application. 

In dismissing the application Tuesday, High Court Judicial Commissioner Zainal Azman Ab Aziz ruled that the detention orders for the leaders issued by the Internal Security Minister Datuk Seri Abdullah Ahmad Badawi on Dec 13 last year were valid under the law. 

The minister had issued the detention orders for M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar under Section 8(1) of the ISA 1960 for two years. 

The four lawyers and a former senior executive have claimed that their arrests and continued detention were unconstitutional and unlawful. 

The five who named the Internal Security Minister and Kamunting Detention Centre’s superintendent as respondents, had sought a declaration that the order is null and void. 

Zainal said Section 8 of ISA was independent and could be operated on its own without relying on arrest and inquiries under Section 73 of ISA. 

"It has given the minister the power to make his own decision," he said, adding that the detention of the five was also valid. 

Zainal said Abdullah had taken into consideration vital factors before issuing the detention order for the five. 

"It is clear from the minister's (Abdullah) affidavit-in-reply which stated that he (Abdullah) had received a complete investigation report on Dec 10 last year about the case from his ministry's assistant secretary Mohamad Irza Dahari," he said. 

Zainal said that Abdullah had also stated in his affidavit that he (Abdullah) had read and observe the content of the report and found that there was basis that the five were involved in activities that could be detrimental to public order and prejudicial to the country's security. 

Lead lawyer for the five, Karpal Singh said he would be filing an appeal against the court decision at the Federal Court on Wednesday.

--THE STAR