Detention of five Hindraf leaders lawful, rules court

KUALA LUMPUR: The detention of five Hindu Rights Action Force (Hindraf) leaders under the Internal Security Act is lawful, the High Court ruled yesterday.

In dismissing the habeas corpus application filed by the five, judicial commissioner Zainal Azman Ab Aziz, said the internal security minister need not have waited for the full 60-day investigation period before signing the order banishing the five to the Kamunting detention camp.

"From the affidavits filed by the minister (Datuk Seri Abdullah Ahmad Badawi), the police and the Kamunting detention camp commandant, it is shown that the detention of the five was in order," Zainal said before a packed court room.

Lawyers M. Manoharan, 46, V. Ganabatirau, 34, P. Uthayakumar, 46, and R. Kenghadaran, 40, along with Hindraf co-ordinator K. Vasantha Kumar, 34, named the internal security minister and the Kamunting detention centre commandant as respondents.

They are seeking release and other orders deemed fit by the court following their detention since Dec 13.

Zainal also read a portion of Abdullah's affidavit in his judgment that stated there was sufficient grounds that led the prime minister to believe that the five were active leaders involved in Hindraf, which was an unregistered body.

"Their forums and activities were racially motivated, which could lead to the Indian community hating the government.

"Hindraf sought international recognition for its struggle, seeking also the assistance of terrorist group Liberation Tigers of Tamil Eelam."

Zainal also pointed out that a gathering on Nov 25 to hand over a memorandum to the British high commissioner was unlawful. 

"This showed the leaders were bent on creating public disorder," he said.

Counsel Karpal Singh and Gobind Singh Deo appeared for the plaintiffs, while Attorney-General Tan Sri Abdul Gani Patail appeared for the respondents.

Karpal said he would be filing an appeal at the Federal Court next week.

The DAP chairman also stated that yesterday's decision would not affect Manoharan's candidacy in the general election. 

Manoharan is contesting in the Kota Alam Shah state seat in Selangor. 

Manoharan's wife S. Pushpaneela said she expected yesterday's decision but said her husband was still in good spirits.

--NST