The High Court today adjourned its decision on the habeas corpus application made by five reformasi activists detained under the Internal Security Act (ISA) to Wednesday, in order for the judge to further study the arguments made by the lawyers.

Justice Augustine Paul was to have delivered his ruling today. However, at the outset of the case, he invited defence lawyers and the prosecution to submit more on the procedural matters relating to the ISA.

He asked if he had the powers to entertain the application as certain provisions of the Act prohibited judicial review.

The five detainees, comprising four Keadilan leaders and one social activist, filed the habeas corpus application on April 12 following their arrest under the ISA. The Act allows for detention without trial for a minimum of two years following an initial 60-day investigative period.

Similar applications on behalf of two other detainees were made in the Shah Alam High Court last week and will be heard tomorrow.

Habeas corpus is a writ ordering prisoners to be brought before a court or a judge to ascertain whether their detention is lawful.

Different considerations

Defence counsel Zainur Zakaria told the court that only decisions made by the Yang di-Pertuan Agung or the home minister under the Act cannot be reviewed by the court.

"This matter concerns decisions made by the police to arrest and detain the five. By law, we can bring up this matter to court to challenge the procedural defects in the arrest and detention," explained Zainur.

Paul said section 8B of the Act which prohibited judicial review extended to section 73 of the Act. Section 73 was cited by the police in arresting and detain the five.

To this, Zainur responded that different considerations apply to these two sections, and section 8B could not be extended to section 73.

Senior deputy public prosecutor Abdul Gani Patail submitted that both the sections provided for preventive detentions and that the justification of arrest and detention under section 73 was found in section 8.

"Section 73 is the initial process leading to section 8B. You cannot separate the two," said Gani.

He added that since proper procedures have been complied with, the court has no jurisdiction to consider the habeas corpus application.

On April 10 and 11, seven pro-reformasi activists were detained for allegedly planning to overthrow the government via militant means.

They are Keadilan vice-president Tian Chua, party Youth leaders Mohd Ezam Mohd Nor, N Gobalakrishnan, Abdul Ghani Haroon and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist cum malaysiakini columnist Hishamuddin Rais.

Another Keadilan leader, Dr Badrul Amin Baharom was detained under the ISA last Friday.