Police last night conditionally released four of the Malaysian students deported by Pakistan last month, but detained the remaining five under the Internal Security Act (ISA). An initial batch of four had been freed on Nov 24.

The 13 students were first arrested in Karachi two months ago on suspicion on being involved in guerilla warfare training, but were later freed without being charged and deported.

They were arrested on arrival in Kuala Lumpur on Nov 10 and held for investigations into alleged links with regional terror group Jemaah Islamiyah (JI).

The four released yesterday were Nurul Fakri Mohd Safar, Faiz Hassan Kamarulzaman, (both 17), Muhammad Ariffin Zulkarnain, 18, and Shahrul Nizam Amir Hamzah, 21.

However, they have been placed under a Restricted Order for two years, which means they will not be allowed to leave the district where they reside.

The ISA detainees are Abi Dzar Jaafar,18, Mohd Ikhwan Abdullah, Muhammad Radzi Abdul Razak and Eddy Erman Shahime (all 19), and Mohamad Akil Abdul Raof, 21.

They will be held for two years at the Kamunting Detention Camp in Perak.

Avoiding judicial scrutiny

Abolish ISA Movement committee member Badaruddin Ismail said the police sent the youths to their respective homes yesterday evening.

Nurul Fakri was the first to arrive at his home in Salak Tinggi, Selangor, at about 5.30pm, while the other three students reached their homes in Johor late at night.

Badaruddin said the four have been restricted to their area of residence under Section 8(5) of the ISA.

Lawyer Edmund Bon, who represented three of the students, told malaysiakini the decision showed that the government was keen on avoiding judicial scrutiny over the youths' detention.

"We are happy to know that the legal pressure (placed on the authorities) has succeeded in getting them released two days before their habeas corpus hearing, but we are disappointed with the decision to put the other five students under the ISA," he said when contacted.

"We find this to be a sign that the government wants to avoid judicial scrutiny, particularly with respect to the detention of the two under-aged students. The government would have been hard pressed to justify their detention under the ISA."

Bon expressed dissatisfaction over the Restriction Order, however, saying that ISA provisions cannot be used against persons below the age of 18.

"It is for a court for children to decide the conditions of a child's residence pending a criminal charge and not for the home minister to decide," he added.

At least two of ISA detainees are to proceed with legal action seeking their immediate release. Their habeas corpus applications will be heard at the Kuala Lumpur High Court tomorrow.