Kuala Lumpur, Nov 13 : A Malaysian High Court yesterday dismissed the third bail application of Hindraf lawyer M. Manoharan, of India origin, to free himself from detention under the Internal Security Act.
Earlier, Manoharan, along with four other Hindraf leaders, R. Kengadharan, 41, P. Uthayakumar, 48, V. Ganabatirau, 35, and Hindraf coordinator K. Vasantha Kumar, 35, had filed two applications at the Kuala Lumpur and Ipoh High Court after their detention last year. But, both the applications were dismissed by the High Court and the Federal Court this year.
Manoharan, who is Kota Alam Shah assemblyman and legal adviser to the outlawed Hindu Rights Action Force (Hindraf), had made the habeas corpus application contesting the validity of the detention order signed by the home minister.
Judge Datuk Mohamad Zabidin Mohd Diah ruled that the detention was "lawful" as Manoharan's grounds in his affidavit did not fall within the ambit of a habeas corpus writ, therefore allowing preliminary objections by the respondents.
"Our law only allows me to inquire if there was procedural non-compliance in the detention. After going through the affidavit, I agree with the counsel that the reasons do not fall within the ambit of habeas corpus. I have no choice but to allow the objections by the respondents," nstonline.com quoted him as saying.
As a respondent to the bail application, deputy public prosecutor Abdul Wahab Muhamad argued that Manoharan's contention that he was the elected representative in the Selangor state legislative assembly and that he had not committed any act which was a threat to national security, "had no connection with the legality of his detention".
Referring to Manoharan's third application for habeas corpus, Wahab said that the filing of the application was an "abuse" of the process of the court.