A trader who was detained under the Internal Security Act (ISA) for alleged involvement with the Malaysian Mujahidin Group (KMM) was ordered to be released after the Shah Alam High Court allowed his habeas corpus application today.

Nasaruddin Nasir secured freedom after Justice Suriyadi Halim Omar found no evidence to show that the former was involved in any terrorist activities as alleged by the police when they arrested him with 13 others in April this year.

The judge said that the arrest was unlawful as the police failed to show any evidence to the court to justify the arrest of Nasaruddin.

In his oral decision, Justice Suriyadi allowed Nasaruddin's application which challenged his arrest and the detention order dated June 12 issued by Home Minister Abdullah Ahmad Badawi.

He said since the minister's order under Section 8 of the Act was based on police investigations and advice, it was therefore tainted and the court had to declare it unlawful as well.

The court also found the affidavit by a police officer who had extended Nasaruddin's detention to be defective.

Federal Court precedent

As of press time, it could not be ascertained whether Nasaruddin, 45, has been released from the Kamunting Detention Centre in Taiping, Perak, where he was detained since June.

Habeas corpus is an application which enables detainees to challenge their arrest or detention including those made under the ISA which allows detention without trial.

Nasaruddin's counsel R Sivarasa said Justice Suriyadi, in his decision, had referred to the recent Federal Court precedent on Keadilan Youth chief Mohd Ezam Mohd Nor and four others which among others state that an objective test must be applied to justify any arrest and detention under the ISA.

(On Sept 6, 2002, the Federal Court ruled that the first 60-day detention of five reformasi leaders arrested in April 2001 under the ISA, was unlawful and made in bad faith. However, the court said the decision had no bearing on the subsequent two-year detention order by the home minister. Four of them continue to be detained; one was released before the 60-day period of detention ended.)

"The judge stated that having applied the objective test, he found no cogent evidence that the applicant was involved in the activities as alleged by the police," he said.

Sivarasa also said that the court did not make any order for Nasaruddin to be produced in court to be officially released.

"Now the court will have to communicate with the relevant authorities to ensure that the order is complied with," he said when contacted today.

Nasaruddin's solicitor Saiful Hizam told malaysiakini that as at 3.30pm, his client's family was already on their way to execute the order which was given at 11.30am.

Swoop on 'terrorist suspects'

On April 18, Inspector-General of Police Norian Mai told a media conference that police had arrested 14 people, including Nasaruddin, who were believed to have planned to sabotage activities in Port Klang.

Others arrested included a woman, Sejahratul Dursina @ Chomel Mohammad, 37, wife of ISA detainee Yazid Sufaat. Yazid was arrested on Dec 9 last year for alleged links with terrorists. Sejahratul has since been released.

The swoop on 'terrorist suspects' first began between May 29 and Nov 9 last year, capturing 29 suspects. The next round was between Dec 9 and Jan 21 this year, which arrested 23 people.

The arrest of the Nasaruddin and 13 others was the third phase which police believed had crippled KMM, headed by Abu Bakar Bashir and Hambali @ Nurjaman @ Riduan Isamuddin.

Abu Bakar is now under arrest on suspicion of involvement in the Oct 12 Bali bombing while Hambali has been in hiding since the Sept 11 attacks.