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PUTRAJAYA, WED (Updated 3:30pm):
The Federal Court today dismissed the appeal of the five Hindu Rights Action Force (Hindraf) leaders who are being held under the Internal Security Act. In upholding the decision of the Judicial Commissioner, the three-man bench – Datuk Allaudin Mohd Sheriff, Datuk Ariffin Zakaria and Datuk Hashim Yusof – ruled that the decision to detain the five under the ISA was legal. The ruling was made after reading the affidavits of the respondents, including that of the Prime Minister’s, Datuk Seri Abdullah Ahmad Badawi, who was then the Internal Security Minister.
The Hindraf five – lawyers M. Manoharan, 46, (who is also the Kota Alam Shah assemblyman), P. Uthayakumar, 46, V. Ganabatirau, 34, R. Kengadharan, 40, and Hindraf coordinator T. Vasantha Kumar – were represented by Karpal Singh who said that he would file for a review of the ruling on Monday. The respondents were represented by Attorney-General Tan Sri Abdul Gani Patail.
Family members and relatives of the five were present at the Federal Court. Several were seen sobbing after the decision.
Meanwhile, BERNAMA has reported that lawyer Karpal Singh, who represented the five Hindraf leaders, expressed regret that the highest court in the country did not address the issues of law which he had raised in the proceedings. He said he would be filing for a review of today’s decision. Karpal hoped to file the review application by Monday, and would also write a letter to the court requesting for a written grounds of judgment to be supplied to them. “We will call on Home Minister Datuk Seri Syed Hamid Albar to seriously consider revoking the detention order and set them (the five Hindraf leaders) free,” he said.
Karpal also said he would be filing a second habeas corpus application to secure the five men’s release on the grounds of procedural non-compliance by the ISA advisory board chairman (Lembaga Nasihat).
He said he also intended to initiate an international appeal in order to have an effective representation, particularly by Amnesty International and other human rights bodies.
Hindraf 5 loses Federal Court appeal
Soon Li Tsin | May 14, 08 12:52pmsource
The Federal Court today threw out the appeal by five Hindu Rights Action Force (Hindraf) leaders to be released from detention under the Internal Security Act (ISA). In a brief judgment this morning, Chief Judge of Malaya and panel chair Alauddin Mohd Sheriff said the detention order issued by the Internal Security Minister on Dec 13 last year was valid and met all the requirements under the ISA.
He said the three-member panel of the country’s highest court agreed with the findings of Kuala Lumpur High Court judicial commissioner Zainal Azman Abdul Aziz who held that the minister could order a person to be detained under Section 8 of the ISA on Feb 26.
Alauddin added that Prime Minister Abdullah Ahmad Badawi in his capacity as the then Internal Security Minister had rightly issued the detention order and had complied with the procedural requirements under the Act. This was unanimously agreed by two other judges – Arifin Zakaria and Hashim Mohd Yusoff when the judgment was delivered at around 11am this morning.
Review application on Monday
The ruling means the five have almost exhausted their legal battle nd will have to remain detained under the security law, which allows for detention without trial. In their habeas corpus applications, the five stated that their detention was unlawful because of the vague grounds given for their arrest.
The detainees’ counsel Gobind Singh Deo said he was disappointment with the ruling, adding that they will file for the Federal Court to review its own decision on Monday.
“We are disappointed with the decision that was brief and it did not address the issues we raised on the points of law for consideration. “We intend to apply for a review and we’ll submit that application on Monday,” he told Malaysiakini.
The detainees were also represented by Karpal Singh and his son Ram Karpal. Also present, representing the government, was attorney-general Abdul Gani Patail. “The judges did not address the arguments we submitted,” said prominent lawyer and opposition lawmaker Karpal. “This is a very important case with far-reaching consequences. How can they detain someone without a police investigation?” Karpal told AFP.
During a hearing last month, Abdul Gani urged the court not to release the activists as they were a threat to national security and that the prime minister had ordered their detention after a thorough investigation. But Karpal had argued that their detention was illegal and tantamount to an abuse of power by the government because there had been no 60-day investigation period beforehand.
MPs urged to stage one-day walkout
The five are P Uthayakumar, V Ganabatirau, R Kenghadharan, T Vasantha Kumar and M Manoharan. They were detained under Section 8(1) ISA on Dec 13 last year under Abdullah’s orders. They were immediately sent to under a two-year detention to 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. The law enforcers responded with water cannons, tear gas and arrests soon after. While the Hindraf lawyers were charged for making seditious statements against the government, several protesters were charged with illegal assembly and attempted murder.
Their supporters however argued that the five – four of whom are lawyers – were merely raising issues concerning the community. Numerous quarters, including Barisan Nasional component parties such as MIC, MCA and Gerakan, have called for their release.
In an immediate reaction, Hindraf urged opposition parliamentarians to protest against the ruling. “We are calling on all 82 opposition MPs to stage a one-day walkout of Parliament to show the people’s anger at the decision and the government’s attempt to stop any discussion of the ISA in the parliament,” group coordinator R Thanenthiran told AFP, adding they would organise more demonstrations if they were not freed. “We now have no choice but to demonstrate in order to get justice.”
