Kuala Lumpur, Jan 29: The Kuala Lumpur High Court will deliver its verdict over on a habeas corpus application filed by five leaders of the Hindu Rights Action Force (Hindraf) on February 26.
Judicial Commissioner Zainal Azman Ab Aziz has set the date after hearing submissions from both parties for three days, the Star Online reported. On Monday, Hindraf's counsel Karpal Singh had argued that this was a test case of five detainees challenging their arrest under Section 8(1) of Internal Security Act 1960. "What you decide in this case will be very crucial. Can the Internal Security Minister, without investigation, which the law requires him to do, order the detention of a person that cannot be questioned by the court?," Karpal Singh had questioned.
"If such dictatorial power is given (to the minister), it has far-reaching consequences. Detention without trial is very painful. Only those who undergo it will know it," he said in reply to submissions by the Attorney-General Tan Sri Abdul Gani Patail.
M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar have claimed that their arrests and continued detention were unconstitutional and unlawful.
Karpal Singh had earlier said that that had there been an arrest of the five leaders, it would have been investigated and they should have been given 60 days to put up a defence before the minister made an order of detention under the ISA.
The Attorney-General, however, had argued that the minister had used his power correctly when he issued the detention orders.