The Shah Alam Sessions Court today denied bail to 31 Hindu Rights Action Force (Hindraf) protesters charged with the attempted murder of a police officer during an illegal gathering at the Batu Caves temple in the early hours of Nov 25.

Judge Azimah Omar said she was denying bail for national security reasons and based on the severity of the charges, which also included causing mischief.

"We are not allowing bail," she told a packed courtroom. "The offences committed by the accused are serious."

The judge also said her decision was not racially motivated.

"This involves national security and has nothing to do with race," she said. "The larger interest of public and national interest are at stake."

Twelve of the 31 are also charged with participating in the illegal assembly. The 31 are accused of wounding officer Dadi Abdul Rani during a demonstration at Batu Caves, the site of an important Hindu temple on the fringes of Kuala Lumpur, on the eve of a mass rally in the capital.

Azimah fixed Jan 14-18 to hear the matter. Those accused will be held at the Sungai Buloh prison until the disposal of the case.

The government brought in its top legal guns for the politically-charged court case led by Attorney-General Abdul Gani Patail. Yesterday, he objected to freeing the accused on bail on grounds that the offences are not bailable.

He also told the court that the accused are dangerous to public order.

The top prosecutor rarely turns up for Sessions Court cases and his presence caused concern among defence lawyers who said the high-powered delegation - which also included AG’s Chambers prosecution department chief Yusof Zainal Abiden - could intimidate the court.

Review application soon

Lead defence counsel GK Ganesan said he was "unhappy" with Azimah’s decision and they would file an immediate appeal with the High Court.

"We will try to secure bail so that they can be freed pending the trial and we will do everything possible to get them free," he said.

Another defence lawyer, P Uthayakumar, told reporters later that the case had angered the Indian community.

"They are already being pushed to the wall. Now, they want to push us beyond the wall," said Uthayakumar, who is one of Hindraf’s key leaders.

He alleged that the case brought against the 31 was a political decision and that the AG had practised selective prosecution.

Uthayakumar reiterated his stand that the AG has acted on the Hindraf rally and their supporters because the group was made up of Indians.

According to the Hindraf legal adviser, the AG did not act on other major rallies without police permits this year with a Malay-majority participation, such as the Bersih rally on Nov 10.

Uthayakumar also slammed Abdul Gani for linking Hindraf with a Sri Lankan separatist group during bail application proceedings yesterday.

"The AG is trying to divert the issue by linking us to a terrorist organisation," he added.

Families shocked

When the court decision was announced this morning, it shocked family members who were expecting their relatives to be released. A few broke into tears and two women fainted outside the courtroom.

The crowd jeered at passing policemen, while some told reporters to tell the truth.

"Watch what you write. We’re not gangsters. Don’t tarnish our names," shouted one man.

"We’re not part of Hindraf. Why are they doing this to us?" exclaimed another.

S Viswanathan, 58, whose 18-year-old son S Suresh was one of those detained, was visibly upset over the decision.

"They are not criminals and my son has a hole in the heart, he was in the temple to pray, so this is very unfair," he said as tears streamed down his face.

Earlier, as the court was fixing a hearing date, Uthayakumar lost his cool and accused the prosecution team of purposely choosing a later date.

He angrily accused the AG of being "scared". This prompted AG’s Chambers prosecution department chief Yusof Zainal to shoot back "we’re not!" and a heated exchange ensued.

Once Azimah restored order, she warned Uthayakumar that she had been patient with him over the last three days of proceedings.

At least 3,000 had gathered at the Batu Caves temple grounds in the early hours of Nov 25, drawing a stiff response from police who used tear gas and water cannon to disperse the crowd and made 69 arrests.

Later in the morning, more than 30,000 people gathered in the streets of Kuala Lumpur to protest against the marginalisation of ethnic Indians and the crowd again faced tear gas and water cannons.